PARAS RAM Vs. JAI RAM

JUDGEMENT

(1.) THE present appeal was admitted, vide order dated 14.11.1994, on one specific question of law and also on such (unspecified) questions of law, which the appellants might urge at the time of final hearing.

(2.) FACTS relevant for the disposal of the appeal may be noticed. Respondent Jai Ram (herein after called "plaintiff") filed a suit against the present appellant Ghan Shyam and predecessors of the other appellants seeking a declaration that he was in possession of 0 017 97 hectares of land, bearing Khasra Nos. 878 and 881, situate in Mauza Sungal, Tehsil Palampur, in the capacity of a tenant and also for injunction restraining the appellants defendants from causing any interference in his right to enjoy the said property, as a tenant. Respondent No. 2 Mast Ram was also impleaded as one of the defendants. Respondents Oma Devi and Ashok Kumar were impleaded as proforma defendants.

(3.) APPELLANTS defendants contested the suit. They pleaded that the plaintiff was estopped to sue by his acts, deeds and conduct, the suit was not maintainable, the plaintiff had no locus standi nor did he have in any cause of action and that he having been inducted as a tenant by the mortgagee and mortgage having been redeemed, he had no right to remain in possession. It was stated that petition for delivery of the possession by way of execution of order of redemption of mortgage had already been filed before the Collector and the defendants had the right to take the possession by executing the said order. Further, it was stated that the order of the Collector regarding redemption of mortgage having not been challenged, the suit was liable to be dismissed.