- (1.) This regular second appeal is against the judgment and decree dated 20.03.2009 passed by the Additional District Judge, Fatehgarh Sahib conforming the judgment and decree dated 08.08.2006 passed by the Civil Judge (Sr. Divn.) Fatehgarh Sahib, decreeing the suit.
(2.) The plaintiff/respondent filed a suit for possession of the shop by way of redemption of mortgage deed dated 11.07.1986(Ex.P2).
(3.) The plaintiff is residing at 99, empress Avenue IInd Ford Essex, England and he had filed his suit through Attorney-Smt. Kiran Sharma. The respondent/plaintiff mortgaged with possession the shop in question to defendant Nos. 1 to 3 and late Kirpal Singh, vide registered deed dated 11.07.1986 (Ex.P2) for a sum of Rs. 5000/-. The defendant Nos. 1 to 3 and late Kirpal Singh came in possession of the shop in question as mortgagees under the plaintiff on 11.07.1986 (Ex.P2). The mortgage deed was signed on behalf of the defendants by defendant No. 1 who paid Rs. 5000/- to the plaintiff. The mortgagees further mortgaged the shop in question in favour of defendant No. 5 through Puran Chand and Inderjit Singh-defendant Nos. 6 and 7 for a consideration of Rs.5000/-, vide mortgage deed dated 09.06.1987(Ex.P3). The defendant Nos.5 to 7 are in possession of the shop in question since 9.6.1987 (Ex.P3). The plaintiff requested the defendant Nos. 1 to 4 and 5 to 7 to redeem the shop in dispute and also offered to pay mortgage money to them but they refused to do so. Earlier, a civil suit No. 687 of 19.12.1995 was filed by the plaintiff, which was decided on 30.07.2002 but the same was withdrawn with permission to file fresh suit on the same cause of action, as per order dated 24.07.2002 of the Court of Civil Judge (Sr. Divn) Fatehgarh Sahib. Thereafter, the present civil suit was filed on 03.09.2002.;