SUSHILA DEVI Vs. ABDUL GANNI

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 1.9.1998 passed by the learned Additional District and Sessions Judge, Sirmaur District at Nahan in Civil Appeal No. 58 -N/13 of 1995/94 whereby he dismissed the appeal of the Appellants and upheld the judgment and decree dated 30.11.1993 passed by the learned Sub Judge Ist Class, Paonta Sahib whereby the suit of the Plaintiff for possession was partly dismissed and partly decreed.

(2.) BRIEFLY stated, the facts of the case are that Jaan Mohd. (Original Plaintiff), predecessor in interest of Respondents 1 to 9, filed a suit for possession of land measuring 21 bighas 2 biswas in village Purowala, Tehsil Paonta Sahib. Case set up by the Plaintiff was that the suit land was mortgaged with him vide mutation No. 144 dated 27.4.2004 (Samvat) for an amount of Rs. 560/ - by the predecessor -in -interest of Defendants 1 to 3. He further prayed that since the mortgagers had failed to redeem the land, they had lost all rights, title or interest in the suit land and the Plaintiff had become owner in possession of the suit land. It was further alleged that Defendants 5 to 8 were trespassers on the suit land. Appellant No. 1 Gonda Ram and Appellant No. 2 Premi Devi were arrayed as Defendants 4 and 5 in the suit. Appellant No. 3 Neem Chand was Defendant No. 8 in the suit. The Plaintiff also claimed that the sale deed dated 3.8.1987 executed by Defendant No. 1 in favour of Defendant No. 8 was illegal and void and liable to be set -aside.

(3.) THE learned trial court held that Defendants 4 and 5 had failed to prove that they were inducted as tenants on the part of the suit land.