M.M.KUMAR
Bachan Singh (Deceased By Lrs) – Appellant
Versus
Sadhu Singh And Others – Respondent
1. This is plaintiffs appeal filed under Sec. 100 of the Code of Civil Procedure, 1908 challenging concurrent findings of facts recorded by both the Courts below. The suit of the plaintiff-appellant has been dismissed by both the Courts below.
2. Plaintiff-appellant filed a suit for permanent injunction restraining defendant-respondents from forcibly dispossessing him from the suit land on account of partition in between the defendant respondents. The plaintiff-appellant claimed that he earlier filed a suit for permanent injunction in respect of the suit land which was decreed in his favour on 12-6-1975. Defendant respondent No. 2 Teja Singh filed an application seeking setting aside of ex parte decree which was dismissed on 12-1-1977. It is further averred that suit land was mortgaged by defendant-respondent No. 2 to one Karim Baksh which became property of the custodian. Teja Singh remained unable to redeem the suit land from the custodian and later on authorised plaintiff-appellant by an agreement to get it redeemed. It has been alleged that till the time Teja Singh would not pay the mortgaged amount to the plaintiff-appellant, the land would remain with him as mortgagee
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