Himachal Pradesh Court May 1981 Judgments
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Tara Chand Vs. Ishwar Dass and anr.
Court: Himachal Pradesh
Decided on: May-25-1981
Reported in: AIR1982HP29
Vyom Prakash Gupta, J.1. S/Shri Ishwar Dass and Om Prakash filed a suit for possession in respect to the property mentioned in the plaint on the allegations that they are the owners of tha disputed property and that the same was mortgaged with S/Shri Ganga Ram, Sant Ram and Salig Ram. In is alleged that the mortgage was redeemed by the plaintiffs on 26-1-1961. The plaintiffs have further alleged that Tara Chand defendant is in possession of the property in dispute as trespasser and he was never inducted as a tenant by the plaintiffs and if the said Tara Chand defendant had been inducted as a tenant by the mortgagees then this act of the mortgagees was mala fide and the plaintiffs are not bound by the said tenancy created by the mortgagees. This suit was filed in the court of the Senior Sub Judge, Dharamsala on 11-1-1967.2. Defendant Tara Chand contested the suit and contended that the disputed land was given to the defendant's ancestors by plaintiffs' ancestors for residential purposes...
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