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1957 Supreme(P&H) 68

A.N.BHANDARI, TEK CHAND
Ramlal – Appellant
Versus
Chetu Alias Chet Ram – Respondent


Judgment

A.N.Bhandari, J.

1. This appeal under Clause 10 of the Letters Patent raises the question whether the possession of the appellant has ripened into ownership by efflux of time.

2. It appears that Chetu and Telu, who were co-owners in a certain plot of land situate in the erstwhile State of Patiala mortgaged the property with one Raja Ram for a sum of Rs. 433/8/ . On the 4th Baisakh 1977 Bk. Daulat Ram and Narain Das sons of Raja Ram mortgagee sold their mortgagee rights to Chhaju, father of Ram Chand defendant No. 2. On the 7th Chet 1982 Bk. Chetu created a further mortgage in favour of Benarsi Das and others defendant No. 3. It appears that in the year 1987 Bk. one Harnama, father of Ram Lal and others, hereinafter referred to as the defendants entered upon the land as a tenant of Ram Chand. On the death of Telu, Chetu acquired the proprietary rights which had vested in his co-owner and in the year 2002, he paid off both the first and the second mortgagees and redeemed the mortgages. He endeavoured to obtain possession of the property but having failed to achieve his object he brought the suit for possession out of which this appeal has arisen. The mortgagees, defendants No












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