Decided on November 08,1991

HANS KALI Appellant
NARO DEVI Respondents


BHAWANI SINGH,J. - (1.) This appeal is directed against the judgment of Additional District Judge, Kangra, in Civil Appeal No. 59 of 1981/93 of 1983, whereby the judgment of Sub -Judge, First Class, Nurpur, in Civil Suit No. 74 of 1973 has been set -aside.
(2.) The plaintiffs sought a declaration to the effect that the order of 24 -5 -1972 passed by Sub -Divisional Officer (C), Nurpur, ordering the restitution of mortgage in respect of Khasra No. 25, measuring 9 Kanals, comprised in Khata No 72, Khatauni No - 128, mentioned in the Jamabandi for 1968 -69, situate in Tika and Mauja Sadwan, Tehsil Nurpur of District Kangra, is without jurisdiction, illegal, wrong, against the facts and null and void and not binding on the plaintiffs and defendants 2 and 3 with consequential relief of permanent injunction restraining the defendants from taking possession of the suit land or disturbing their possession in any manner and in the alternative a decree for possession.
(3.) The defendants had moved the Sub -Divisional Officer (C), Nurpur, through application dated 9 -3 -1969 seeking restitution of the mortgaged land with the plaintiffs under the Punjab Restitution of Mortgaged Land Act (No. 4 of 1938) and had succeeded in doing so when the Sub -Divisional Officer (C), Nurpur, passed the order on 24 -5 -1972, holding that the application moved by the defendants was barred to the extent of land other than in dispute in the present case. Relating to the suit land, it was held that the same was not part and parcel of the land which was originally mortgaged. It was at a later stage that this part of the land was included in the mortgaged land due to mistake Consequently, restitution of this extent of land was allowed. The plaintiffs claimed that the order of Sub -Divisional Officer (C), Nurpur, ordering restitution of this land is without jurisdiction, illegal null and void and not binding on the rights of the plaintiffs They also alleged that the findings recorded by the Sub -Divisional Officer (C), Nurpur, are self contradictory and against facts and law. The right of the defendants to take possession of this land or to disturb the possession of the plaintiffs on this land has also been disputed.;

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