NATHU RAM Vs. RAM NATH

JUDGEMENT

(1.) THIS judgment shall dispose of RSA No. 147 of 1999 and RSA No. 377 of 1999, arising out of judgment, decree dated 14.01.1999. In RSA No. 147 of 1999 the defendant No.2 has assailed judgment, decree dated 14.01.1999, passed by learned District Judge, Kangra in Civil Suit No. 48-J/XIII-1997 reversing judgment, decree dated 31.03.1997 passed by learned Sub Judge Ist Class, Jawali, in Civil Suit No. RBT 1135/95/89. The defendant No. 1 Falatu Ram has filed RSA No. 377 of 1999 against judgment, decree dated 14.01.1999.

(2.) THE suit was filed by respondent No.1 against defendant No. 1 Falatu Ram, who is now survived by respondents No. 2(a) and 2(b). In the suit, appellant Nathu Ram was impleaded defendant No.2 when his application under Order 1 Rule 10 CPC was allowed. THE further facts, in brief, are that the respondent No.1 claiming himself as mortgagor against subsequent mortgagee filed suit for possession by redemption on payment of `100/- as redemption money for the land to the extent of 1/6th share of land comprised in khasra No. 73, measuring 2-25-77 H.M., Mohal Ban Fatehpur, Mauza Fatehpur, Tehsil Jawali.

(3.) THE issues No. 2,3,4,6,7 and 8 were answered in negative, issues No.5 and 10 in affirmative, issues No.1,9 and 11 were disposed of as discussed and the suit was dismissed on 31.03.1997.