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Sep 22 1964 (HC)

Mst. Sunehru Vs. Rikhi Ram and ors.

Court : Himachal Pradesh

Decided on : Sep-22-1964

Reported in : AIR1965HP28

om parkash, j.c.1. this judgment will dispose of regular second appeals nos. 17 and 18 of 1961,which are directed, against the appellate decrees of the learned district judge, bilaspur. the parties, the facts and the questions of law, involved in both the appeals, are the same. it will, therefore, toe convenient to dispose them of toy one judgment.2. the facts, leading to the filing of the appeals, are simple and are not in dispute. the predecessors-in-interest of the appellant had effected three mortgages, with possession, in favour of the predecessors-in-interest of the respondents, in respect of three parcels of land, measuring 3 bighas and 9 biswas, 8 bighas and 16 biswas and 4 bighas and 13 biswas. the appellant had instituted three suits, nos. 134, 135 and 136 of 1957, in the court of the senior subordinate judge bilaspur, for the redemption of the three mortgages and for possession of the lands mortgaged. the suits were contested by the respondents. their main plea was that their predecessors-in-interest were tenants of the lands, before the mortgages were effected, in their favour, and that even if it be held that the appellant was entitled to redeem the mortgages, she was not entitled to get actual possession of the lands and the respondents were entitled to remain in possession, as tenants.3. the learned senior subordinate judge accepted the plea of the respondents that their predecessors-in-interest were tenants of the lands and that the appellant was not entitled .....

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