MUNSHI Vs. HARI CHAND

JUDGEMENT

(1.) THIS is plaintiffs second appeal against the judgment and decree of courts below, Prayer is made for setting aside the findings of courts below which are against the provisions of Law.

(2.) TO appreciate the controversy, it is necessary to give a brief resume of facts.

(3.) PLAINTIFF -appellant filed a suit for recovery of land which he had mortgaged to the other side. The suit was filed as early as on 28 -2 -1973 in the Munsiffs court at Basholi. It was averred in the plaint that I/3rd share of 184 knals and 8 marlas 5 was mortgaged for Rs. 300/ - and a mutation was attested in favour of the mortgagee on 15th Kartik 1970 Bk. The plainttff is said to have paid Rs.75/ - to defendant No.l and was ready to pay Rs.225/ - to defendants 2 to 4. On payment of the said amount he was entitled to recover the possession of the said land.