PALO RAM Vs. GUARI

JUDGEMENT

(1.) The plaintiff has come in second appeal against judgment, decree dated 13.11.2000 passed by learned District Judge, Chamba, Division Chamba in Civil Appeal No.45 of 1999, reversing judgment, decree dated 31.7.1999 passed by learned Sub Judge Ist Class, Dalhousie, District Chamba in Civil Suit No.5/95. Some of the parties originally before the trial Court have died, some names have been deleted, therefore, in this judgment the parties are referred as plaintiff and defendants.

(2.) The plaintiff Palo Ram filed the suit for declaration that he has become owner of the land measuring 13-15 bighas, specifically described in the plaint and for possession of said land. The pleaded case of the plaintiff is that suit land is entered in the name of the defendants as mortgagors and plaintiff as mortgagee as per jamabandi for the year 1989-1990. The suit land was mortgaged with the plaintiff much prior to the year 1953 before settlement. Farangu one of the owners during settlement admitted that suit land had been mortgaged to plaintiff for a consideration of Rs. 250-/ and plaintiff was in possession of the suit land. On that basis mutation was entered and attested on 10.9.1953. Farangu one of the mortgagors in the year 1967 sold his rights in the suit land to defendants No.1,2 and Chuni, who expired in the year 1984 and defendants No.1,2 inherited the estate of Chuni. The plaintiff was in the Army in the year 1967. The possession was given by plaintiff to the mortgagors of the suit land.

(3.) The plaintiff retired from Army in the year 1984. He requested the defendants that he has become owner of the suit land.