DALIP SINGH Vs. TULSAN DEVI

JUDGEMENT

(1.) THIS is the plaintiff's appeal against the judgment and decree of the two courts below dismissing his suit for grant of decree for declaration that he has become the owner to the suit land comprised in Khatta Khatauni No.105 min/558 bearing Khasra No.2076/12/1, measuring 50-04 Bighas, situated in village Shaoga, Sub Tehsil Kamrau, Tehsil Paonta Sahib, District Sirmaur, as per Jamabandi for the year 1988-89 and a mandatory injunction directing respondents No.1 to 14 in the suit to incorporate the plaintiff as owner in possession of the land in the revenue record.

(2.) THE case pleaded by the plaintiff is that this land was mortgaged with possession by the defendants in March, 1968. Lateron in the month of June, 1970 it was redeemed by the predecessor-in- interest of defendants No.1 to 13 and 14 when the mortgaged amount is supposed to have been repaid. However, the plaintiff continued in possession of this land with the knowledge and consent of these defendants who did not protest and he performed all those acts on the land which were consistent with ownership only. He pleads that he is the owner in peaceful, open and continuous possession to the knowledge of the defendants and has thus become owner by asserting his hostile title.

(3.) ON the settled issues, the learned trial Court holds that redemption is not proved, mutation was rejected because of non-appearance of both the parties. The Court then proceeds:-