MOOL RAJ Vs. SHAMBHU RAM

JUDGEMENT

(1.) Plaintiff -appellant Mool Raj. having lost before the trial Court and the first Appellate Court is in second appeal under Section 100 of the Code of Civil Procedure.

(2.) The undisputed facts are:

(3.) Land subject matter of dispute measuring 78 kanals 18 marlas, comprised in khasra numbers 213 to 218, situate in village Bhahal Nalochan, Mauza Dhatwal, Tappa Barsar District Hamirpur, hereafter referred to as "land in dispute" as per jamabandi for the year 1977 -78, was owned by Sunder, Mahanti, Najku and Mussadi in equal shares, i.e., each one of them had 14th share in the "land in dispute". After the death of Mussadi, he was succeeded by his son Mool Raj, Plaintiff and Chhangan defendant Sunder and Najku mortgaged their respective shares with possession with Mool Raj and Chhangan in the year 1940. Mahanti on her death was succeeded by Sunder. Thus, after the death of Mahanti, Sunder became owner of half share in the suit land. Out of the remaining half share Najku had 1/4th share. The plaintiff along with Chhangan also had 1/4th share in the land in dispute. It is pertinent to notice that 1/4th share of Najku and the other 1/ 4th share of Sunder was not mortgaged with the plaintiff and defendant No. 10. However, 1/4th share of Mahanti inherited by Sunder was not mortgaged. Shambhu Ram (defendant No1) succeeded to the share of Sunder i.e., 1/ 4th share mortgaged with the plaintiff and an her 1/4th share which was not mortgaged, Shambhu Ram sold his entire share i.e. share in the land in dispute to defendants No. 2 to 9 by a registered sale deed on 13.9.1982.