Himachal Pradesh Court March 1966 Judgments

Dasondhi Ram and anr. Vs. Kaka Ram and ors.

Court: Himachal Pradesh

Reported in: AIR1966HP66

Om Prakash, J. 1. This appeal is directed against an appellate judgment and decree of the learned District Judge, Mahasu, whereby an appeal against a decree of the learned Subordinate Judge, Theog, was allowed and the suit of the appellants was dismissed. The appellants had based their suit on the following allegation's :2. The appellants are the proprietors of shops numbered as x@128 and x@129, (these shops, in fact, constituted one shop, being separated by a partition only), situated in Khasra No. 76, Shai Bazar Theog. Gonda and Hamira, two brothers, the predecessors-in-interest of the appellants, had, on the 28th July, 1915, mortgaged with possession the above shops, along with other property, with Dila Ram and Arjun. The mortgage was redeemed on the basis of mutation No. 30, sanctioned on the 14th June. 1945. The predecessors-in-interest of the appellants got back possession of the property redeemed excepting shops Nos. x@128 and x@129. Possession of those shops could not be obtain...