SOBHA RAM Vs. PREM CHAND

JUDGEMENT

(1.) THIS appeal has been filed against judgment, decree dated 18.9.2001 passed by learned District Judge, Kullu in Civil Appeal No. 72 of 2001 affirming judgment, decree dated 5.1.2001 passed by learned Senior Sub Judge, Kullu in Civil Suit No. 35 of 1997. The appellant was defendant in the suit.

(2.) THE facts in brief are that the respondents No. 1 and 2 and their mother Smt. Kimatu Devi had filed a suit for possession by way of Whether reporters of Local Papers may be allowed to see the Judgment ?yes redemption of mortgage of 21/2 storeyed slate roofed house built on Khasra No. 862 measuring 0-12 biswas situate in Phati Dhalpur, Kothi Maharaja, Tehsil and District Kullu, more specifically described in the plaint. The further facts are that Satya Nand father of respondents and husband of Smt. Kimatu had executed Will dated 17.8.1972 bequeathing his estate creating limited rights in favour of Smt. Kimatu till her life time and thereafter rights were to revert back and inherited by the respondents No. 2 and 3.

(3.) SMT. Kimatu had filed an eviction petition No. 4 of 1992 against the appellant for his ejectment under Section 14 of the H.P.Urban Rent Control Act, 1987 which was dismissed by the learned Rent Controller, Kullu on 9.12.1994 on the ground that there is no relationship of landlord and tenant between Smt. Kimatu and appellant. The suit property was mortgaged by Satya Nand deceased in favour of appellant vide mortgage deed dated 1.3.1968.