JEET RAM Vs. SUNDER LAL AND OTHERS

JUDGEMENT

(1.) The defendant has filed the second appeal against judgment, decree dated 22.9.2005 passed by learned Addl. District Judge, Fast Tract Court, Shimla in RBT (FTC) No.24-S/13 of 2004/2002, affirming judgment, decree dated 3.12.2001 passed by learned Sub Judge Ist Class (II), Shimla in Civil Suit No.83/1 of 1987. The parties in the judgment are referred to as plaintiffs and defendant.

(2.) The facts in brief are that Khiali Ram, Anokhi Ram predecessor-in-interest of respondents No.1(a) to 1(c) together with Ram Rattan and Gian Chand had filed a suit for declaration, permanent injunction against defendant that they are owners in possession of land comprised in khasra Nos.33,64, and 156/142, measuring 12 bighas and 19 biswas, situated in village Lajhoon. The revenue entries in the name of defendant are illegal, null and void. The consequential relief of permanent prohibitory injunction was also prayed against defendant. Khiali Ram died on 9.8.1988, his name was deleted.

(3.) The further case of the plaintiffs is that Mangla, maternal grand mother of defendant was owner of the suit land along with some other land which she owned in Mauja Kalikamlaroo. The suit land along with land at village Kalikamlaroo was mortgaged by Mangla in favour of Ram Dass and Lachhmi Ram for a consideration of Rs. 980.00, the mutation of mortgage was attested in favour of Ram Dass and Lachhmi Ram. In or about the year 1940 Mangla agreed to sell the land at village Kalikamlaroo and Lajhoon to Kali Ram father of plaintiffs No.1 to 3 and grand father of plaintiff No.4 by way of oral agreement for sale for Rs. 1500.00.