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2000 Supreme(SC) 577

S.SAGHIR AHMAD, DORAISWAMY RAJU
State Of H. P. – Appellant
Versus
Akshara Nand – Respondent


JUDGMENT

D. Raju, J.-The defendants in the suit, the State of H.P. and the Collector, Solan District are the appellants before this Court and the appeal has been filed against the judgment and decree passed by the learned Single Judge of the Himachal Pradesh High Court R.S.A. No. 184/84, allowing the appeal and consequently decreeing the suit as prayed for, on setting aside the judgments and decrees concurrently passed by both the courts below dismissing the suit filed by the plaintiffs, in respect of 29 bighas and 4 biswas.

2. The plaintiffs claimed the relief of declaration of titled to the suit properties and also for permanent injunction restraining the defendants from interfering with the rights and possession of the plaintiffs. The basis of the claim was that Smt. Gangi, widow of Chanchlu and Shri Chanchlu mortgaged the suit properties in all measuring about 35 bighas and 7 biswas situated in village Basha, Pargna Bagri Kalan, Tehsil Kandaghat, District Simla with the predecessors-in-interest of the plaintiffs more than 60 years before and inasmuch as the said mortgage has not been redeemed by the mortgagee or their successor in their interest, within a period of 30 years, the






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