BRIJ LAL Vs. SHRIMATI SOMA AND ANOTHER

JUDGEMENT

(1.) THIS is a defendant's appeal against the decree of the Additional District Judge, Ambala, confirming that of the trial Court, decreeing the plaintiff's suit for possession of the land in dispute.

(2.) ACCORDING to the allegations of Smt. Soma, plaintiff -respondent No. 1, the land in dispute measuring 27 bighas and 4 biswas originally belonged to her father, Kishan Chand, respondent No. 2, who on 3rd June, 1944 gifted the same to Smt. Indi, plaintiff's mother, by a registered gift -deed and made her an absolute owner of the same. Smt. Indi died in November 1948, leaving behind the plaintiff as her sole heir. At the time of her death the plaintiff was only a minor. During her minority, her father, Kishan Chand, on 8th November, 1951 mortgaged 11 bighas and 2 biswas, out of the land in dispute, for Rs. 2,500/ - in favour of Brij Lal, appellant. Subsequently, on 8th September, 1952 he created another mortgage of 6 bighas and 2 biswas, out of the suit land, in favour of one Kishan Chand, son of Mathra Dass, for Rs. 1,000/ -.

(3.) ON the pleadings of the parties, a number of issues were framed by the trial Court.