AMAR SINGH Vs. MAHIMA DEVI

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree of the learned District Judge, Sirmaur at Nahan whereby he dismissed the appeal filed by the present Appellant (hereinafter referred to as the Plaintiff) in limine and upheld the judgment and decree of the learned Trial Court.

(2.) THE Plaintiff filed a suit claiming that he had purchased 5 bighas 11 biswas of land from Defendants No. 1 to 14 and/or their predecessor -in -interest. The claim of the Plaintiff is that along with this land, he purchased the entire share of Defendants No. 1 to 14/their predecessor - in -interest in the Shamlat land on 24.12.1966. The Plaintiff claimed that he was put in possession of about 40 bighas of land in December, 1966. In the year 1995, Defendant No. 15 started interfering over the suit land in the possession of the Plaintiff. On an enquiry, the Plaintiff came to know that the Defendants No. 1 to 3 had sold half of their share in the shamlat land to Defendant No. 15. He prayed that he be declared owner in possession of the suit land and Defendants No. 1 to 15 be restrained from interfering in the suit land. The suit of the Plaintiff was dismissed by the learned Trial Court. Appeal filed by him was dismissed in limine. Hence the regular second appeal.

(3.) THE entire case hinges around the interpretation of the sale deed Ex.P1. There is no manner of doubt that the Plaintiff did purchase 5 -11 bighas of land from the Defendants No. 1 to 14/their predecessor -in -interest and along with the land he also purchased their rights in the shamlat land, rights of easement along with the growth of shrubs and trees over the said land for a sum of Rs. 700/ -.