DARYA SINGH Vs. MEETHA RAM

JUDGEMENT

(1.) THIS second appeal arises from a suit filed by plaintiff -Meetha Ram for permanent injunction restraining defendants -Darya Singh which has been dismissed by the Court of first instance vide judgment and decree dated 27.01.1987 and appeal preferred by the plaintiff was accepted and suit of the plaintiff was decreed, vide judgment and decree

(2.) THE detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. However, the brief facts relevant for disposal of this regular second appeal are that plaintiff filed suit for permanent injunction and in alternative for possession on the allegations that he is owner in possession of the suit property. It was pleaded that one Amrit son of Dharma was owner in possession of the suit property, who mortgaged it in favour of plaintiff vide mortgage deed dated 22.12.1945, but since the mortgage was not redeemed within the prescribed period for the purpose, he has become its owner. It was further pleaded that the suit property, which was a kacha house, had later on fallen down and now it is lying in the shape of a plot.

(3.) ON the basis of pleadings of parties, the Court of first instance framed following issues: