TULSA SINGH Vs. RAM ASRI

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) THIS judgment is to dispose of two appeals, the particulars whereof are given in the title, because both of them arise out of a common judgment of the first Appellate Court.

(3.) RAM Asri, representing the estate of mortgagee, and Tulsa Singh filed common written statement, in which they stated that the land had been in occupation of the tenants prior to the creation of the mortgage and that Khasra No.14/7/1, measuring 2 Kanals 12 Marlas, was in possession of Tulsa Singh, and the land measuring 4 Kanals 14 Marlas, bearing Khasra No.14/6/2, was in possession of Haria as tenants. Haria in his separate written statement claimed that the whole of the suit land had been in his possession as a tenant before the creation of the mortgage and he continued to be in possession of the whole of it after the creation of mortgage right upto the date of institution of the suit.