SITA RAM Vs. HARI KRISHAN

JUDGEMENT

(1.) The plaintiff/appellant having lost in both the Courts below is in second appeal. The parties, hereinafter in this judgment shall be referred to as 'plaintiff' and 'defendants'.

(2.) The plaintiff claimed declaration with consequential relief of injunction that he along with proforma defendants be declared the owner in possession of the suit land and the contesting defendants, i.e. defendants No. 1 to 8, be restrained by a decree of permanent injunction from interfering in their peaceful ownership and possession.

(3.) It was further said that 2 bighas 13 biswas of land comprising Khasra Nos. 791, 793 and 428 were orally mortgaged with possession on Aug. 2, 1998 (Vikrami) by one Devi Ram who is said to be the predecessor-in-interest of the contesting defendants. The mortgage was in favour of Devi Saran, father of the plaintiff and the proforma defendants and the mortgage amount is said to be Rs. 511.00.