JUDGMENT :

Dharam Chand Chaudhary, J.

This appeal is directed against the judgment and decree dated 25.8.2000, passed by learned District Judge, Kullu in civil appeal No. 50 of 1998/71 of 2000, dismissing thereby the appeal and confirmed the judgment and decree dated 2.4.1998, passed by learned Senior Sub Judge, Lahaul and Spiti at Kullu in Civil Suit No. 156 of 1991. The appeal has been admitted on the following substantial questions of law:

1. Whether the findings of the Courts below are based on mis-construction of Sections 104 and 113 of the H.R. Tenancy and Land Reforms Act, 1972 holding that the property in dispute was sold by defendants on acquiring ownership rights within 10 years and thereby observing that the sale deed was invalid?

2. Whether the fact that 10 years had elapsed during the pendency of the case the principle "feeding the estoppel" applied in the present case and the plaintiff was entitled for ownership and possession even if his title to the property in dispute was incomplete when the suit was filed?

3. Whether the learned District Judge has misconstrued the basic documents of title Exts. PW-2/A, PW-6/D, DW-6/A and DW-9/A and also Jamabandis Exts. P-2, D-5 and al