HIGH COURT OF HIMACHAL PRADESH
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(1.)The defendant is in appeal before this Court against the judgment of the District Judge affirming that of the Subordinate Judge and granting the plaintiff a preliminary decree for possession by redemption of the land in suit on payment of Rs. 3,250, being the mortgage amount. The plaintiff Smt. Kesri Devi died during the pendency of this appeal and the present respondents, being her daughters and son were brought on the record as her legal representatives.
(2.)Smt. Kesri Devi, the deceased plaintiff, brought a simple suit for possession of the land detailed below by redemption on the plea that the defendant inspite of a registered notice dated 18 -12 -1970 served on him on 28 -12 -1970 requiring him to receive the mortgage amount of Rs. 3,250 within 15 days from the receipt of notice and to redeem the land, hid failed to respond to that notice. The particulars of the mortgage sought to be redeemed as given in the plaint are as follows : -
(3.)The defendant denied if relationship of mortgagor and mortgagee existed between the parties in respect of the land in question. According to the plea of the defendant; the land in question had previously been mortgaged by the plaintiff with one Shri Ganga Dutt of village Bhad for Rs. 2,000. The plaintiff agreed to sell this land to the defendant and asked ,the defendant to pt it redeemed from the aforesaid mortgagor. The defendant accordingly got it redeemed from Shri Ganga Dutt mortgagor with the consent of the plaintiff on 21 -3 -1961 and right from that date the defendant was put into possession of the said land. The sale price was fixed at Rs. 3,250 out of which an amount of Rs. 2,000 was paid by the defendant to Shri Ganga Dutt at the instance of the plaintiff. I he balance amount of the sale price was to be paid on the day of getting the mutation of sale attested. The plaintiff had been taking such balance sale price in parts. The further plea of the defendant was that in the year 1965 the plaintiff reduced the earlier oral agreement to sell into writing. The plaintiff, however, failed to get the mutation of sale attested in favour of the defendant though she had received the entire sale price.
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