KRISHAN LATA Vs. VIPAN CHAND

JUDGEMENT

(1.) THIS is a regular second appeal filed by the appellant under Section 100 C.P.C against the judgment and decree of the Court of learned Additional District Judge, Fast Track Court, Kangra at Dharamshala, dated 1.12.2007 vide which he had set-aside the judgment and decree of the Court of learned Sub Judge 1st Class,(II), Dharamshala, District Kangra, H.P. dated 20.3.2003 vide which he had dismissed the suit of the plaintiff for possession.

(2.) BRIEFLY stated the facts of the case are that the respondent (hereinafter referred to as the plaintiff) filed a suit for possession by way of redemption on payment of mortgage money of Rs. 230/- against the appellant(hereinafter referred to as the defendant). It was alleged by the plaintiff that the suit land was recorded in the ownership of various persons including the plaintiff and in possession of the defendant. The plaintiff alleged that he is owner to the extent of 430/4618 share out of which he is mortgagor to the extent of 385/4618

(3.) DEFENDANTS took up the plea that the sale by original mortgagor in favour of the plaintiff is null and void and the suit is not maintainable. The plaintiff was not admitted to be the owner of the suit land and it was also pleaded that the suit land was sold to the plaintiff behind the back of the defendant and as such the said sale is void and illegal and no valid title has passed to the plaintiff. It was further pleaded by the defendant that the original mortgagor had earlier filed a redemption application before the Collector, Dharamshala on 21.3.1989 which was dismissed in default and second application for redemption was also dismissed by the Collector on 31.12.1996. Thus, it was pleaded that since two applications were dismissed by the Collector, the suit is not maintainable.