SHIV CHARAN Vs. SHIV PARSHAD

JUDGEMENT

(1.) THIS regular second appeal has been preferred against the judgment and decree passed by the learned District Judge, Solan in Civil Appeal No. 71 -NL/13 of 1996 dated 31.10.1997.

(2.) THE brief facts necessary for the adjudication of this regular second appeal are that the respondents/plaintiffs (hereinafter referred to as the plaintiffs for convenience sake) filed a civil suit for possession by way of redemption in the Court of Sub Judge 1st Class, Nalagarh. The appellants/ defendants (hereinafter referred to as the defendants for convenience sake) contested the suit. The plaintiff filed replication to the written statements filed by the defendants.

(3.) THE regular second appeal was admitted by this Court on 10.3.1998 on the following substantial questions of law: 1. Whether the findings as recorded by the learned District Judge are devoid of legal force those being without proper appreciation, reading and discussion of oral and documentary evidence and pleadings? 2. Whether the mortgage deed Ex.PW1/A is constituting a sham transaction and the same could not be relied upon? 3. Whether the Civil Court had no jurisdiction to try the suit? 4. Whether the findings of the learned Sub Judge that the appellant is a tenant over the accommodation in question could not be up set in the absence of any just and legal claim?