CHHITRU Vs. REKHIA

JUDGEMENT

(1.) The appellant was plaintiff and has come in appeal against judgment, decree dated 11.8.1999 passed by District Judge, Sirmaur District at Nahan in Civil Appeal No. 30-CA/13 of 1998 affirming judgment, decree dated 1.6.1998 passed by Sub Judge, 1st Class (I), Paonta Sahib in Civil Suit No. 179/1 of 1994.

(2.) The facts, in brief, are that the appellant had filed a suit for possession on the basis of title of land comprised in khata khatauni No. 167/268, khasra No. 372/140 min, measuring 4 bighas situate at village Rampur Majri, Tehsil Paonta Sahib. The appellant alleged himself to be the owner of the suit land which was mortgaged by him to respondent in October, 1965 for a consideration of Rs. 800/-. It was alleged that respondent has utilized the usufruct of the land more than the double of the mortgage amount and as such, the appellant is entitled to redemption of the suit land without payment of mortgage money. The entries in revenue record showing respondent as 'Davedar Mushtri' are wrong, fraudulent and not binding on the appellant.

(3.) The suit was contested by respondent by filing written statement, he denied mortgage as alleged by the appellant. The defence of the respondent is that appellant had sold the suit land to respondent for a sale consideration of Rs. 4000/- by way of oral sale and the possession of the suit land was also delivered to the respondent at the time of oral sale. The respondent is continuously coming in possession of the suit land and appellant has no concern with the suit land. It has been pleaded that in case sale is not proved in favour of the respondent, he has become owner of the suit land by way of adverse possession as the possession of the respondent on the suit land is continuous, hostile, open and to the knowledge of the appellant for more than 12 years. The respondent filed counter-claim for a decree of declaration that he is owner in possession of the suit land. The appellant filed replication and denied the claim of the respondent. On the pleadings of the parties the following issues were framed: