- (1.) Defendants No. 1 to 9 have filed the instant second appeal having failed in both the courts below.
(2.) Suit was filed by Hukmi Devi plaintiff No. ' 1 (since deceased and represented by respondents No. 1 to 7) and Krishna Devi plaintiff No. 2/respondent No. 8 against appellants/defendants No. 1 to 9 and Sindhu Kaur defendant No. 10/respondent No. 9. Plaintiffs' case is that Avtar Singh predecessor of the defendants mortgaged the suit land with plaintiffs Hukmi Devi and Krishna Devi vide mortgage deed 20.6.1990 for Rs 55,000/- and subsequent mortgage deed dated 19.6.1991 for Rs 16,000/- i.e. for total mortgage amount of Rs 71,000/-. After creation of mortgage, the suit land was given to Avtar Singh for cultivation as tenant on l/3rd batai. However, neither Avtar Singh nor defendants, who succeeded him after his death, paid any batai to the plaintiffs. Accordingly, the plaintiff sought possession of the mortgaged land in suit and in the alternative, claimed recovery of Rs 71,000/- as mortgage amount and Rs 73,340/- as interest @ 1% per month i.e. total amount Rs 1,44,340/-.
(3.) Defendants broadly denied the plaint averments. It was pleaded that Avtar Singh never mortgaged suit land nor received any mortgage money. Avtar Singh had been taking other land of plaintiffs on batai and the plaintiffs might have obtained his thumb impressions by fraud and misrepresentation. Various other pleas were also raised.;