BHUPAL SINGH Vs. JAGDEV

JUDGEMENT

(1.) Plaintiffs (Bhupal Singh and others) are in appeal against the judgment and decree dtd. 12/10/1992 passed by the Court of learned Addl. District Judge, Faridabad, dismissing the appeal filed by the plaintiffs against the judgment and decree dtd. 25/8/1990 passed by the Court of learned Sub-Judge, III Class, Faridabad, vide which the suit for possession filed by them was dismissed.

(2.) For the sake of convenience and clarity, parties shall be referred to as per their original status.

(3.) The plaintiffs filed a suit for possession of land measuring 15 kanals, 5 marlas (fully described in the plaint) situated within the revenue estate of Village Unkheer, Tehsil Ballabgarh, District Faridabad (hereinafter to be referred to as the "suit land"). It was claimed that Shiv Dayal, predecessor-in-interest of the defendants had mortgaged the suit land to the father and grand-father of the plaintiffs namely Likhi by way of a "simple mortgage". It was claimed that the plaintiffs had filed Suit No.140 on 18/3/1983 for declaration of ownership rights of the suit land on account of the period of redemption having expired. The said suit was decreed by the Court of learned Addl. Sr. Sub-Judge, Faridabad vide judgment and decree dtd. 8/10/1985 and as such, the plaintiffs had become owners of the suit land. It was claimed that the defendants were in illegal possession of the suit land as they had no right to remain in possession of the same.