BHANUMATI CHOUHAN Vs. CHETAN SINGH

JUDGEMENT

(1.) This Regular Second Appeal against the judgment and decree dated 14th March, 1989, of the learned Additional District Judge, Sirmaur at Nahan, was admitted on the following substantial questions of law:

(2.) Briefly stated, that facts of the present case are these. Respondent No. 1 (here inafter referred to as the plaintiff) it led a suit for declaration to the effect that he is owner in possession of the land in dispute. It was averred that he is owner in possession of the land in dispute and that in the month of April 1980, on obtaining the copies of the revenue record, it was revealed that the land in dispute has been wrongly mutated in favour of the appellant (hereinafter referred to as defendant No. 1). It was further averred that the revenue entries showing the land in dispute under the ownership and possession of defendant No. 1 were wrong and not binding on the right; of the plaintiff. In the alternative, it was averred that in case defendant No. 1 is found to be in possession of the land in dispute, a decree for possession may be passed.

(3.) Defendant No. 3, vide his written statement has admitted the claim and suit of the plaintiff. Defendant No. 2 has denied the averments of the plaintiff and has stated that a part of the land in dispute was mortgaged with him by defendant No. 1, which mortgage stood redeemed and that he has never been in possession of the land in dispute. It is further pointed out by defendant No. 2 that defendant No. 3 Jagat Singh, has been in possession of the land in dispute.