MEHRU DEVI Vs. RANJIT KUMAR

JUDGEMENT

(1.) THIS is the plaintiffs' Regular Second Appeal filed under Section 100 of the Code of Civil Procedure. Plaintiff's Civil Suit No. 25/1 of 2001, titled as Smt. Meharu Devi and others vs. Shri Brij Mohan and another, was partly decreed by learned Sub Judge, Ist Class, Anni, District Kullu, H.P., in terms of judgment and decree dated 30.4.2002. Aggrieved thereof, defendant No. 2 filed an appeal which stands allowed in terms of impugned judgment and decree dated 30.11.2002, passed by the learned District Judge, Kinnaur Civil Division at Rampur Busharh, H.P., in Civil Appeal No. 12 of 2002, titled as Sh. Ranjeet Kumar vs. Smt. Mehru Devi and others.

(2.) SALE deed executed by Sh. Brij Mohan (defendant No.

(3.) APPRECIATING the evidence so led by the parties, trial Court partly decreed the suit holding the plaintiffs to be owners in possession of the suit land. Sale deed dated 21.6.2001 was held to be nullity for the reason that physical possession was not delivered to the purchaser. This view taken by the trial Court stands reversed by the lower appellate Court in an appeal filed by defendant No. 2. The lower appellate Court has held defendant No. 2 to be in possession and as such has repelled the plaintiffs' claim on both counts. Sale deed has been held to be valid.