RATTAN CHAND Vs. SHARAB CHHOZAM

JUDGEMENT

(1.) This is plaintiff's second appeal and arises out of a judgment and decree dated 6th May. 1967 of the District Judge, Kinnaur. The plaintiffs Rattan Chand and another came to Court with the allegations, that one Girdhari Lal, who is husband of the defendant Sharab Chhozam, was the owner of a three-storeyed house situate in 'shamlat' Khasra No. 617/1 of village Chini in the Tehsil of Kalpa. Girdhari Lal had constructed this house after purchasing the land from 'shamlat'. He sold the said house to the plaintiffs on 12-1-1961 and he executed the sale- deed (Ex. PD) in favour of the plaintiffs. The house is actually in the occupation of tenants who were made defendants 2 to 4 In the suit. It was alleged that the defendant Sharab Chhozan has denied the title of the plaintiffs and the tenant- defendants 2 to 4 are paying rent to her. As such the suit was filed for a declaration that the plaintiffs are the owners of the house and for possession with a direction that the defendants 2 to 4 should be asked to pay the rents to the plaintiffs,

(2.) The defendants contested the suit on the allegations, that Sharab Chhozam defendant No. I is, no doubt, the wife of Girdhari Lal, but she is the owner of the house in her own right. It is she who constructed the house and that Girdhari Lal had nothing to do with it. She gave the house on rent to the defendants 2 to 4 and as such she receives rent from them. On these grounds, it was alleged that the sale-deed in favour of the plaintiffs is Invalid and they are not entitled to the decree claimed.

(3.) The learned Sub-Judge decreed the suit. He held that Girdhari Lal had purchased the site land after payment of Rs. 120/- and that he constructed the house. The sale-deed was held valid and binding' upon the defendants.