VISHNU BHAGWAN Vs. AMAR SINGH (DECEASED)

JUDGEMENT

(1.) The present appeal has been preferred against the judgement and decree dated 15.04.2015 passed by learned Additional District Judge, Rohtak, vide which the appeal filed by the appellant-plaintiff against the judgement and decree dated 16.02.2013 passed by the learned Additional Civil Judge (Sr. Division), Meham, has been dismissed.

(2.) Appellant-Plaintiff-Vishnu Bhagwan filed a suit for possession with respect to the agriculture land comprised of khewat No. 1310 Min, Khatoni No. 1557, Killa Nos. 175/11 (7-8), 20/1 (4-0) total measuring 11 kanals 8 marlas situated within the revenue estate of village Behlba, Tehsil Meham, District Rohtak, on the ground that the defendant had forcibly and illegally dis-possessed the plaintiff from the suit property, in collusion with the police agency Meham.

(3.) The defendants contested the suit on the ground, inter alia, that plaintiff was never in possession of the suit property. The suit property was possessed by Amar Singh, being mortgagee and, thereafter, the plaintiff transferred his share vide sale deed No. 648 dated 04.06.2007 in favour of Smt. Birmati and vide registered sale deed No. 243 dated 04.05.2009 in favour of Smt. Kitabo for a valid consideration and delivered the possession of the land to the aforesaid vendee. Mutation was also sanctioned in their favour. The suit property was mortgaged with possession in favour of Amar Singh. The said mortgage was redeemed vide order dated 28.02.2006 passed by the Court of Collector, Meham but after redemption of the land, possession was never delivered to the mortgagor and as such, the mortgagor has efficacious alternate remedy to file the execution petition before the Court of Collector, Meham, for enforcement of order dated 28.02.2006. The plaintiff filed execution petition titled as Vishnu Bhagwan and another Vs. Amar Singh, for enforcement of judgement and decree dated 03.06.2009 passed in Civil Suit No. 71/1 of 2006 in respect of the suit land but the said execution petition was dismissed as withdrawn on 10.05.2010 all other averments raised in the plaint were controverted.