HUKAM CHAND Vs. JAYOTI PARKASH

JUDGEMENT

(1.) SINCE fate of RSA No. 644/2012 is based on the outcome of RSA No. 401/2003, as such, both the appeals were heard together and are being disposed of by a common judgment. However, in order to maintain clarity, facts of RSA No. 401/2003 have been taken into consideration.

(2.) THIS Regular Second Appeal is directed against the judgment and decree dated 26.6.2003 rendered by the Additional District Judge, Mandi in Civil Appeal No. 117 of 1997.

(3.) APPELLANT -plaintiff (hereinafter referred to as the 'plaintiff' for convenience sake) instituted a suit for possession by way of redemption of shop in dispute situate on the ground floor comprised in Khasra No. 311, Khata Khatauni No. 318/494 (old 301/481) measuring 19.50 Sq. M. situated in Moti Bazar, Mohal Suhra/366/6, Mandi Town, District Mandi on the averments that the plaintiff mortgaged the shop in dispute with defendant on 5.2.1987 for a consideration of Rs. 5,000/ -. Defendant was put in possession and it was agreed that the plaintiff is entitled to redeem the shop in dispute. Defendant was requested in September, 1992 to accept the amount and handover the possession. Defendant refused to vacate the shop despite notice dated 3.10.1992.