SHRI PRAKASH CHAND Vs. SHRI AMAR SINGH

JUDGEMENT

(1.) This appeal at the instance of the Defendants is against the concurrent findings of facts returned by the learned Presiding Officer/Addl. District Judge, Fast Track Court, Hamirpur, H.P., in Civil Appeal No. 129 of 2000/RBT. 139/04, titled Parkash Chand and Ors. v. Shri Amar Singh, affirming the judgment and decree dated 20.6.2000, passed by the learned Sub Judge 1st Class (I), Hamirpur, H.P., in Civil Suit No. 4 of 1995, titled Shri Amar Singh v. Smt. Giano Devi and Ors. whereby the suit for joint possession by way of redemption of mortgage filed by the Respondent herein, Shri Amar Singh, as Plaintiff against the Appellants herein Shri Parkash Chand and Ors. being the Defendants, was decreed by the learned trial Court and the findings to this effect have been affirmed by the learned first appellate court.

(2.) Brief facts of the case can be stated thus.

(3.) The suit for joint possession by way of redemption was filed by the Plaintiff against the Defendants with regard to his 28/218th share to the extent of 1 kanal 8 marlas in the land comprised of Khata No. 10, Khatauni No. 10, Khasra Nos. 244/168, 169/1, 181, 182, 183, 204, 252/229, 253/230, 256/231 and 239, plots 10, measuring 10 kanal 18 marlas, as per jamabandi for the year 1991-92, of village Kairan, Mouza Nauhangi, Tehsil Nadaun, District Hamirpur, H.P., which shall hereinafter be referred to as 'the suit land', on the following averments.