JUDGMENT :

The instant regular second appeal has been maintained by appellant, Smt. Kamla Devi, who was defendant before the learned Trial Court (hereinafter referred to as “the defendant”), under Section 100 CPC laying challenge to judgment and decree, passed by learned Presiding Officer Fast Track Court, Mandi, District Mandi, in Civil Appeal No. 53 of 2004 and 121 of 2005, dated 01.08.2006, whereby, by allowing the appeals, the judgment and decree passed by the learned Civil Judge (Senior Division) Mandi, in Civil Suit No. 48 of 2001, dated 01.04.2004, was set aside.

2. The key facts of the case can tersely be summarized as under:

2(a). The plaintiff, Shri Baldev Singh, by maintaining a suit for recovery of Rs. 1,60,000/- (rupees one lac sixty thousand) alleged that on 17.10.1999 proforma respondent, Sh. Naresh Kumar, sold a bus, having registration No. HPK 8782, to him and after receipt of entire consideration, the possession of the aforesaid bus was handed over to the plaintiff. The plaintiff could not change the route permit of the bus, as it was in the name of the proforma defendant and valid till 21.08.2001, so he continued plying the bus. In the interregnum, defendant No. 1,