M.L. Singhal, J. - (1.) SUIT for possession by way of redemption of one shop No. Khana Shumari 168 -169 -B. XIII old 2430/XIII -20 blue plate situated in Main Bazar. Nawankot, Amritsar filed by Gurbachan Singh son of Lal Singh resident of Nawankot. Amritsar (dead) represented by his wife Parkash Kaur, sons Satnam Singh, Surjil Singh and daughiei Bhupinder Kaur against Smt. Balwant Kaur wife of Avtar Singh. Avtar Singh son of kishan Singh Bhatia and Daljit Singh son of Avtar Singh in the Court of Sub Judge 1st Class. Amritsar was preliminarily decreed for possession through redemption in their favour on their paying Rs. 2200/ - to them (Defendants) vide order dated 16.4.1984. Defendants appeal was also dismissed by the Additional District Judge. Amritsar vide order dated 14.4.1986.
(2.) STILL not satisfied. the have come up in appeal to this Court. During the pendency of the appeal before this Court. Avtar Singh died. In his place his wife Balwant Kaur. Sons Daljit Singh, daughters Rajinder Kaur. Charanjit Kaur, Bhupinder Kaur. Amiilpal Singh. Tejpal Singh Lovli. Pappi, children of his predeceased daughter Jasbir Kaur were brought on record.
(3.) GURBACHAN Singh sou of Lal Singh Bhatia (dead) represented by his wife Parkash Kaur and others was owner of one shop as described in para No. l of the plaint. That shop was purchased by him \ide sale deed dated 22.10.1964 registered on 23.10.1964 from Defendant Avtar Singh son of Kishan Singh Bhatia. vide mortgage deed dated 23.10.1964 Plaintiff mortgaged the said shop with possession for Rs. 2200/ - to Smt. Balwant Kaur wife of Avtar Singh. The shop was being occupied by her husband Avtar Singh and son Daljit Singh under Smt. Balwant Kaur. They are in occupation of the shop as her husband and son respectively. The did not have any existence of their own. They derived title from Smt. Balwant Kaur. As such, they are liable to restore possession on redemption of the shop to the Plaintiff, as their right to occupation will come to an end as soon as mortgage is redeemed. With the redemption of the mortgage, the right of the mortgagee will come to an end with the coming to an end the right of mortgagee, Defendants Avtar Singh and Daljit Singh would not have any claim to keep occupying the shop. They were impleaded in the suit so that the resultant judgment against Balwant Kaur bound them. Among others the terms of the mortgage were that the interest on the mortgage amount would be equal to the rent and profit of the mortgaged property and the mortgagor would not enforce the right to redeem before the expiry of 17 years from the date of mortgage for getting back possession. It was after the expiry of the said period that the mortgagor would be entitled to enforce his right to redeem and get back possession. Husband and son of Balwant Kaur carried on business in the shop in their capacity as husband and son of Balwant Kaur and they would not be deemed as tenant is also term of the mortgage. On the expiry of the period stipulated in the mortgage deed, the Plaintiff called upon mortgagee Balwant Kaur to receive Rs. 2200 - and redeem the mortgage and deliver him back possession of the shop but to no effect.;