Himachal Pradesh Court May 1955 Judgments

Shero and ors. Vs. Chamaru and ors.

Court: Himachal Pradesh

Ramabhadran, J.C.1. This is a second appeal by three defendants against the decision of the learned District Judge of Chamba, whereby he set aside the decision of the Subordinate Judge, Chamba, and granted the plaintiffs-respondents a decree for possession of the land in dispute.2. The land in dispute, measuring 3 acres 6 kanals and 17 marlas, situated in village, .Chakla, belonged to Jeotia, father of respondents 1 and 2. On 23rd Phagun, 1960 B., Jeotia mortgaged this land with conditional sale ('ba bilwafa') in favour of one Mussadi in lieu1 of Rs. 120./-. The mortgage was for the period of one year and it was stipulated that in case the mortgage, amount was not repaid within that period, the mortgage would be considered as a sale. In point of fact, the money was not repaid within that period. On 20th Chet, 1963 B., Mussadi applied to the Collector for grant of a patta. The application was not opposed by Jeotia.. Patta was, however, granted to Mauza and Mali, who claimed to be of Jeo...