JAGAT RAM Vs. SADHU RAM

JUDGEMENT

(1.) The judgment and decree of the learned District Judge, Kinnaur Sessions Division at Rampur Bushahr, dated November 23, 1996 is under challenge in this second appeal.

(2.) Arjun Dass was the owner in possession of the land comprised in khasra No. 1288/633/2 measuring 4 -14 bighas situate in Chak Kothi Tehsil Kalpa District Kinnaur. This land was mortgaged by Arjun Dass on 2.6.86 BK with one sonam Zore for a mortgage amount of Rs.50/ -. After the death of Sonam Zore, Gambhir Dass, his son inherited mortgagee rights. Gambhir Dass also died and the mortgagee rights were inherited by his mother Smt. Narchan Dassi. Plaintiff Sadhu Ram is son of Arjun Dass the mortgagor. This land was released from mortgage b Smt. Narchan Dassi under Section 3(e) of H.P. Relief of Agricultural Indebtedness Act, 1976 and the plaintiff became owner in possession of the land in suit. Defendant No. 1 Jagat Ram is married to daughter of Smt. Narchan Dassi. Case of the plaintiff Sadhu Ram was:

(3.) Jagat Ram in connivance with the field staff of the revenue department fraudulently, without the consent or knowledge of the plaintiff, got transferred in his favour 0 -07 -65 hectares (1 bigha) of the land, out of this land, by mutation. No.2708 dated 25.2.1983 and on the basis of this mutation, he dispossessed the plaintiff from the suit land. On 7.5.1984 defendant Jagat Ram sold the suit land to defendants No.2 to 4 by a registered sale deed dated 13.2.1984 the mutation whereof was attested on 7.5.1984. Plaintiff, it is alleged, is an illiterate person and defendant No. 1, who was working as a driver, without right, title or interest in the land in dispute got this mutation entered in his favour which is illegal and void ab -initio.