Rajiv Sharma, J.

R.S.A. No. 314 of 1997:

1. This regular second appeal has been preferred against the judgment and decree passed by the learned District Judge, Solan in Civil Appeal No. 71-NL/13 of 1996 dated 31.10.1997.

2. The brief facts necessary for the adjudication of this regular second appeal are that the respondents/plaintiffs (hereinafter referred to as the plaintiffs for convenience sake) filed a civil suit for possession by way of redemption in the Court of Sub Judge 1st Class, Nalagarh. The appellants/ defendants (hereinafter referred to as the defendants for convenience sake) contested the suit. The plaintiff filed replication to the written statements filed by the defendants.

3. The learned Sub Judge dismissed the suit on 23.9.1996. The plaintiff preferred an appeal against the judgment and decree dated 23.9.1996 before the learned District Judge, Solan. The learned District Judge, Solan allowed the appeal on 31.10.1997. This regular second appeal has been filed against the judgment and decree of the learned District Judge, dated 31.10.1997.

4. The regular second appeal was admitted by this Court on 10.3.1998 on the following substantial questions of law:

1. Whether