R.L.ANAND, J. - (1.) THIS regular second appeal has been initially filed by Smt. Gaura Devi wife of Sh. Dev Raj and Sh. Gita Ram son of Dev Raj, but later on appellant Nos. 3 to 5 were added as co-appellants along with Smt. Gaura Devi and Gita Ram.
(2.) THE challenge in this regular second appeal has been given to the judgment and decree dated 12.5.1980 passed by the Court of District Judge, Faridkot who confirmed the judgment and decree dated 8th March, 1979 passed by the Court of Sub Judge Ist Class, Faridkot who gave a declaration and granted a decree for joint possession of the shop in dispute vide plan Exhibit D-1/2 on payment of Rs. 1500/- against Sita Ram defendant No. 3 and in favour of the plaintiffs Smt. Gaura Devi and Sh. Gita Ram. The case set up by the plaintiffs Shri Gita Ram and Smt. Gaura Devi in the trial Court was that the property in dispute was the ownership of Devi Ditta son of Shri Jiwan Dass who mortgaged the same with possession with Bal Mukand (defendant No. 1) for a consideration of Rs. 9000/- vide registered mortgaged deed dated 14th Sawan 2007 BK, equivalent to 2.8.1950 with a contention that mortgage could be redeemed back after one year. Devi Ditta died about 22-23 years back before filing of the suit and according to the plaintiffs, he was survived by his three sons, namely Ram Balab, Chaman Lal and Ram Niwas and each one of them succeeded to the estate of 1/3rd share equally. Further, Shri Ram Balab sold his 1/3rd share of the shop to Ram Dial. Puran Chand, Gaja Nand and Mohinder Kumar for a sum of Rs. 5333/- and he executed a sale deed dated 10.11.1974. Similarly, Shri Chaman Lal sold his 1/3rd share of the shop to the same vendees on the same day and for the same consideration. It is further alleged by the plaintiffs that Sarvshri Ram Dial, and Puran Chand forfeited their share in the shop by relinquishing their right, title or interest by way of family settlement in favour of Shri Mohinder Kumar and Gaja Nand. Thus, Gaja Nand and Mohinder Kumar become owner to the extent of 2/3rd share. On the death of Gaja Nand, he was survived by his widow Smt. Sat Bhama, son Bharat Bhushan, and daughters Kaushalya Devi, Ram Devi, Prem Kumari and Suman. Mohinder Kumar and the heirs of Gaja Nand sold 2/3rd share of the disputed shop to Smt. Gaura Devi and Gita Ram plaintiffs in equal share for a sum of Rs. 20,000/- by way of registered sale deed dated 19.4.1973. On the strength of the sale deed, the plaintiffs pleaded that they are entitled to redeem 2/3rd share of the shop in question on payment of Rs. 6000/- or in the alternative to redeem the whole of the shop on payment of Rs. 9000/- from defendant No. 1.
(3.) DEFENDANT Nos. 2 to 6 claim that they are in possession of the shop as tenants and, as such, they have been impleaded as defendants. Defendant No. 1 Shri Bal Mukand failed to allow the redemption in favour of the plaintiffs despite the service of notice. Hence the suit for redemption.;