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2021 Supreme(HP) 553

SANDEEP SHARMA
Parkash Son of Sh. Kasru Mal – Appellant
Versus
Mohinder Singh S/o Late Sh. Narian Dass – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. Meera, Advocate
For the Respondent:Mr. Bhupender Gupta, Senior Advocate, Janesh Gupta, Advocate

JUDGMENT :

Instant Regular Second Appeal under Section 100 CPC lays challenge to judgment and decree dated 14.3.2019 passed by learned Additional District Judge-(II), Shimla, H.P. in Civil Appeal No. 7-R/13 of 2016, affirming judgment and decree dated 22.3.2016 passed by learned Civil Judge (Junior Division), Court No. 2, Rohru, District Shimla, Himachal Pradesh in Civil Suit No. 6/71 of 2010/09, whereby suit for redemption with respect to land denoted by Khasra no. 32, measuring 0-21-48 Hectares situate in Chak Jakhar, Tehsil Rohru, District Shimla, Himachal Pradesh (hereinafter, ‘suit land’) came to be dismissed.

2. Precisely, the facts of the case as emerge from the record are that the appellants-plaintiffs (hereinafter, ‘plaintiffs’) filed a suit for redemption with respect to suit land, claiming therein that in the year 1985, defendant No.1 approached the predecessor-in-interest of the plaintiffs and asked him to mortgage some portion of the land comprising of Khasra No. 32 with possession, to which the predecessor-in-interest of the plaintiffs agreed and handed over possession to defendant No.1. He also claimed that the aforesaid document qua mortgage was also written. Plaintif

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