DILBAGH SINGH Vs. KAKO DEVI

JUDGEMENT

(1.) THE appellants were defendants in case No. 88 of 1991 dismissed on 1.6.1994 by the learned Sub Judge Ist Class, Court No. II, Amb. Ram Chand and respondent No. 2 Bidhi Chand had filed case No. 88/1991. The learned Addl. District Judge (1), Kangra at Dharamshala (Camp at Una) allowed Civil Appeal No. 119 of 1994 on 7.4.2000, which was filed by Ram Chand and Bidhi Chand. The judgement dated 7.4.2000 has been assailed in second appeal by the defendants.

(2.) THE facts in brief are that Ram Chand predecessor -in -interest of respondents No.1(a) to 1(h) and Bidhi Chand respondent No. 2 had filed suit for declaration that they are owners in possession of land more specifically described in the plaint. The appellants in connivance with settlement staff got procured entry showing them as mortgagees under Ram Chand and Bidhi Chand, such entry is wrong and illegal. Ram Chand and Bidhi Chand or their predecessors never created any mortgage of suit land in favour of appellants or their predecessors. The appellants threatened to interfere in possession of Ram Chand and Bidhi Chand on suit land, hence as consequential relief, permanent prohibitory injunction was also prayed against appellants in the suit.