BANTO DEVI Vs. TAJAN
LAWS(HPH)-1997-2-4
HIGH COURT OF HIMACHAL PRADESH
Decided on February 21,1997

BANTO DEVI AND ORS Appellant
VERSUS
TAJAN Respondents


Referred Judgements :-

MD. SHARIFUDDIN V. R.P. SINGH AND ANR. [REFERRED]
PUNJAB AND HARYANA HIGH COURT,GRAM SABHA AND GRAM PANCHAYAT DABA V. THE CHIEF SETTLEMENT COMMISSIONER AND ORS. [REFERRED]


JUDGEMENT

- (1.)This second appeal has been filed by Appellants/Defendants feeling aggrieved against the judgment of reversal. Suit for possession filed by Smt. Tajan, Plaintiff/Respondent was dismissed by the learned trial Court and the appeal filed by her stands allowed by the learned first appellate Court resulting in the decree for possession in favour of the Plaintiff/Respondent The parties, hereinafter in the judgment, would be referred to as 'Plaintiff' and 'Defendants'.
(2.)The suit out of which this appeal has arisen, was filed by the Plaintiff seeking decree of possession in respect of the suit land alleging that she is recorded as owner of the suit land as 'HISEDAR' in column No. 5 of the Jamabandi of the year 1971-72. Undisputedly, this land was earlier in possession of one Fazzaldin, Naviv Bakash, Jaimaldin Mohammad and Gulam Mohammad who were Mohammadan Gujjars and migrated to Pakistan on the eve of partition and the property is said to have been treated and declared evacuee property.
(3.)The aforesaid Fazzaldin and Ors. mortgaged the suit land in favour of one Gopala son of Kahna who sold his mortgagee rights in favour of Bali Ram, Kalyanoo Naranjan Dass, Ram Chand and Krishan Kumar, sons of one Sobnu and consequently they became mortgagees in place of Gopala The Plaintiff claims to have been allotted this land by the Custodian under Section 20A of the Displaced Persons Compensation and Rehabilitation Act and mutation bearing No. 114 dated January 18, 1968 was sanctioned in her favour.


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