L.N. Mittal, J. - (1.) DEFENDANTS No. 1 and 2 having failed in both the courts below are in second appeal.
(2.) RESPONDENTS No. 1 and 2 who are brothers of Defendant No. 3 Dalip Singh filed suit against Appellants and Dalip Singh alleging that Atma Singh father of Plaintiffs and Defendant No. 3 being owner in possession of the suit house mortgaged the same with possession with Defendants No. 1 to 2 for Rs 7625/ -vide registered mortgage deed dated 16.5.1966. Interest at the rate of Rs 71/2% per annum payable on the mortgage amount was to be adjusted from rent of the disputed house. After mortgage Atma Singh mortgagor continued in possession of the house as Defendants got executed rent note dated 21.5.1966 renting out the suit house to Atma Singh at Rs 47.50 per month rent. Mortgage was to be redeemed after expiry of five years. Accordingly, after expiry of five years Atma Singh paid full mortgage amount to Defendants No. 1 and 2 and got the mortgage redeemed as full mortgage amount with interest was paid. However, Defendants No. 1 and 2 did not return the original title deeds to mortgagor Atma Singh since deceased. Accordingly, Plaintiffs sought possession of the suit house by redemption of mortgage. Defendants No. 1 and 2 admitted factum of mortgage in their favaour vide mortgage deed dated 16.5.1966. It was alleged that they had taken possession of the suit house at the time of mortgage. It was, however, admitted that suit house was given on rent to mortgagor Atma Singh deceased on 21.5.1966 at the rate of Rs 47.50 per month rent and interest amount was to be adjusted against the rent amount. Rent Controller vide order dated 14.3.1985 ordered ejectment of Atma Singh from the suit house and said order was affirmed by appellate authority. It was pleaded that Plaintiffs never paid the mortgage money to Defendants No. 1 and 2. Other plaint averments were broadly controverted. Some other pleas were also raised.
(3.) DEFENDANT No. 3 claimed to be sole legal heir of his father Atma Singh on the basis of Will dated 6.2.1984.;