SURESHWAR THAKUR
Puran Dutt – Appellant
Versus
State of H. P. – Respondent
Sureshwar Thakur, J.
The plaintiffs instituted a suit against the defendants, claiming therein a declaratory decree by way of foreclosure besides a decree for permanent prohibitory injunction being rendered with respect to the suit property. The suit of the plaintiffs stood decreed by the learned trial Court. In an appeal carried therefrom by the defendant/respondent herein before the learned First Appellate Court, the latter Court allowed the appeal, whereupon, it disconcurred with the verdict recorded by the learned trial Court. In sequel thereto, the plaintiffs/appellants herein are driven to institute the instant appeal herebefore.
2. Briefly stated the facts of the case are that the predecessor-in-interest of the plaintiffs was inducted as mortgagee by the predecessor-in-interest of the defendant, i.e. one Shri Bala Ram, son of Shri Nankoo, on the land comprised in Khasra Nos. 13 and 21, kitas 2, measuring 2.5 bighas, situated in mauja Shalau, Pargana Bagri Khurd, Tehsil Kandaghat, District Solan, H.P. for consideration and mutation Nos.11 and 19 were sanctioned accordingly in Samvat 1964, Baisakh 8. Since then, the predecessor-in-interest of plaintiffs and thereafter
Singh Ram (dead) through legal representatives versus Sheo Ram and others
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