NAIN SINGH AND ORS. Vs. JALAM SINGH

JUDGEMENT

(1.) Plaintiffs (appellants herein) have filed the present appeal under the provisions of Section 100 of the Code of Civil Procedure, assailing the judgment and decree dated 15.11.2003, passed by the learned District Judge, Sirmaur at Nahan, Himachal Pradesh, in Civil Appeal No.3- CA/13 of 2003, titled as Nain Singh & others v. Jalam Singh, whereby judgment and decree dated 16.12.2002, passed by Sub Judge 1st Class, Court No.1, Paonta Sahib, District Sirmaur, Himachal Pradesh, in Civil Suit No.85/1 of 2001, titled as Nain Singh & others v. Jalam Singh, stands affirmed.

(2.) The appeal stands admitted on the following substantial questions of law:

(3.) Plaintiffs (appellants herein) filed a suit for declaration and injunction against defendant Jalam Singh (dead, represented by LRs) (respondent herein). Plaintiffs claim to be in possession of the suit land as mortgagees. Based on such right, challenge was laid to the entry in favour of the defendant as a non-occupancy tenant and subsequently as owner, by virtue of the provisions of H.P. Abolition of Big Landed Estate and Land Reforms Act, 1953 (hereinafter referred to as the Act).