MOHAN LAL Vs. SARV DAYAL

JUDGEMENT

(1.) This Regular Second Appeal has been instituted against judgment and decree dated 1.2.2005 rendered by the learned District Judge, Hamirpur, District Hamirpur, HP, in Civil Appeal No. 99 of 2003.

(2.) "Key facts" necessary for the adjudication of the present appeal are that the appellant-plaintiff (hereinafter referred to as 'plaintiff' for convenience sake) filed a suit for declaration stating therein that Late Sunder was the owner of the land comprised in Khata No. 17 min. Khatauni No. 22, Khasra No. 4, measuring 4 Kanal 18 Marla to the extent of 50/219 shares and Khasra No. 294/20 measuring 2 Kanal to the extent of 50/419 shares, situate in Tika Thamani, Manjhali, Mauza Lahdar, Tehsil Barsar, District Hamirpur, HP. Sunder was real brother of the plaintiff. Sunder had not taken any loan from agricultural society, Bhota and from any other bank. His land was wrongly auctioned vide auction dated 17.1.1976 in favour of the defendant and thereafter mutation No. 98 was also wrongly attested in favour of the defendant. The mutation was not binding upon plaintiff. Suit land was in his possession. Defendant never occupied suit land.

(3.) Suit was contested by the defendant. According to the defendant, in fact, Sunder had taken loan from agricultural society Bhota in lieu of which the land of Sh. Sunder was auctioned for a sum of Rs. 1451.82 and the report regarding this sale was also made in the record of Patwari. Auction money was paid by the defendant and thereafter land was transferred to him to the extent of share of Sunder. Revenue record was correct. Issues were framed by the learned trial Court. He dismissed the suit on 11.9.2003. Plaintiff filed an appeal before District Judge, Hamirpur. He dismissed the same on 1.2.2005. Hence, this Regular Second Appeal.