ROOP DEVI Vs. BABU RAM

JUDGEMENT

(1.) This judgment shall dispose of two regular second appeals bearing Nos. 689 and 1379 of 1981 arising out of the judgment and decree of the Additional District Judge.

(2.) Plaintiff filed a suit for permanent injunction restraining the defendants from interfering in his possession by selling bagh bahar of the trees standing thereon to anybody else or to grant him such appropriate relief as the Court deems fit and proper in the circumstances of the case.

(3.) Brief facts are that one Siri Kant was owner of land measuring 23 bighas 15 biswas upon which some trees were standing. These trees were mortgaged with the plaintiff vide registered mortgage deed dated 19.8.1927 for a sum of Rs. 700/-. Plaintiff was given a right to have bagh bahar of the said trees. Usufruct realised was to be adjusted against the interest. It has been further stated by the plaintiff that he has purchased 1/4th of the land alongwith the trees standing thereon and has gifted to his daughter Krishan Devi. The present suit has been filed by him on her behalf and for her benefit also. With regard to the remaining 3/4th share of land the same has now come to the share of Smt. Roopa - defendant No.1. It has been further stated by the plaintiff that the mortgage of the fruit bearing trees was never redeemed within the period of limitation and so the plaintiff has become owner of the trees to the exclusion of defendants.