SUNDER Vs. KIRPU

JUDGEMENT

(1.) This Letters Patent Appeal is preferred against the judgment and order recorded by the Chief Justice Shri R. S. Pathak (as he then was) sitting singly on 22-6-1972 in R. S. A. No. 22 of 1969. The learned Chief Justice has held that the second appeal preferred by the present appellants, Sunder and others, was not compelent under Clause (b) of Paragraph 32 (1) of the Himachal Pradesh (Courts) Order 1918 (hereinafter referred to as "the Order").

(2.) Short facts of the case are that the respondent No. 1, Kirpu, filed this suit for redemption of the suit property and for obtaining possession thereof on redemption. Kirpu became the owner of the equity of redemption with regard to the suit property by virtue of the sale deed found at Ex. PW 1/A which is dated 22 Posh 1990 BK. This equity of redemption was purchased by him for the amount of Rs. 1300/- The present appellants claim that they are the tenants on the land in question and are, therefore, entitled to the possession of this land as such. They are, therefore, joined as parties to this suit.

(3.) The suit was decreed by the trial court on 30-5-1962 and this decree of the trial court has been affirmed by the District Judge concerned in appeal on 26-819G8.