SHANKRU Vs. SUHARU DEVI

JUDGEMENT

(1.) Defendants- appellants have preferred this appeal against the judgment and decree dated 14-5-1991 passed by Additional District Judge, Bilaspur in Civil Suit No. 100 / 1 of 1984 whereby the suit of the plaintiffs has been decreed.

(2.) Briefly, stated, the facts leading to the presentation of this appeal are that Shri Durga the original plaintiff and since deceased and represented by the present respondents (hereinafter referred to as the plaintiffs) instituted a suit for possession of the land bearing khasra Nos. 468 and 473 measuring 2 bighas 17 biswas comprising khata No. 94 min. Khatauni No. 224, situate in Village Sashan, Tehsil and District Bilaspur, H.P. by way of redemption of the mortgage dated 3-9-1969 for securing a sum of Rs. 500. In the alternative it is claimed that in case the transaction of mortgage was not proved, the plaintiff is entitled for possession of the suit land on the basis of the title.

(3.) The suit was contested by Shri Tikhu the original defendant now deceased and represented by the present appellants (hereinafter referred to as the defendants) and raised the preliminary objections that the suit was time barred and the plaintiff has ceased to be the owner of the suit land by virtue of adverse possession of the defendants thereon for more than 12 years, that the suit was not properly valued for the purposes of court fee and jurisdiction, that no cause of action accrued to the plaintiff on 30-6-1969 as claimed by him, that the mukhtiar of the plaintiff was not competent to sign the plaint and the contradictory pleas as taken by the plaintiff in the plaint are not permissible. On merits it has been averred that the suit land was sold by Durga the deceased plaintiff to Tikhu deceased defendant on 13-1-1969 for consideration in the sum of Rs. 500 and that the defendants are owners in possession of the suit land.