RAM SARAN Vs. MOHI RAM

JUDGEMENT

(1.) Since, both these appeals arise out of a common verdict pronounced by the learned Additional District Judge, Solan, H.P., in Civil Appeal No. 1-S/13 of 2004 and in Civil Appeal No. 2-S/13 of 2004, hence, both are liable to disposed off by common verdict.

(2.) Mohi Ram instituted Civil Suit No. 21/1 of 1999/94 claiming a decree for declaration and consequential relief of injunction with respect to the suit land. The aforesaid suit of Mohi Ram stood dismissed by the learned trial Court. However, Civil Suit No. 460/1 of 99/97 instituted by Ram Saran, claiming therein a decree for possession of the suit land by way of redemption, stood decreed by the learned trial Court.

(3.) Mohi Ram, plaintiff in Civil Suit No. 21/1 of 1999/94 as also defendant in Civil Suit No. 461/1 of 1999/97, on standing aggrieved by his suit being dismissed, whereas, the suit of Ram Saran being decreed under a common verdict by the learned Civil Judge (Junior Dvision), Kasauli at Solan, hence, proceeded to assail both the verdicts by assail both the verdicts by instituting appeal before the learned Additional District Judge, Solan. The apposite Civil Appeals arising therefrom bearing No. Civil Appeal No. 1-S/13 of 2004 and Civil Appeal No. 2-S/13 of 2004 were decided under a common verdict pronounced by the learned Additional District Judge, Solan, whereby, he dismissed both the appeals.