Surinder Gupta, J. - (1.) The above captioned appeals have been taken up together as these relate to the same land and are between the same parties. RSA-953-2016 This is appeal by defendants Mukhtiar and others against the concurrent judgments of the Courts below decreeing the suit of the plaintiffs For Subsequent orders see RSA-954-2016 (respondents No.1 and 2) for possession by way of redemption of suit land measuring 49 kanals 11 marlas situated in village Chak Kamal Khan, Tehsil Ajnala, District Amritsar, on payment of mortgage amount.
(2.) The suit land was admittedly mortgaged by Tehal Singh and Jarnail Singh sons of Bhagat Singh in favour of defendants No.1 to 6 vide mortgage dated 02.05.1968. Tehal Singh died leaving behind plaintiffs Budha Singh and Kala Singh as his legal heirs and Jarnail Singh died leaving behind his son Satnam Singh. Plaintiffs alleged that suit property was mortgaged with defendants No.1 to 6 when financial condition of Tehal Singh and Jarnail Singh was bad and taking undue advantage of their financial condition, above referred defendants got recorded 90 years period for redemption of the mortgage, which is a clog on the equity of redemption.
(3.) Defendants No. 8 to 10, 12 and 13 admitted the case of plaintiffs in the written statement while defendant No.1 through his legal heirs, defendants No.2 to 6 and 11 contested the claim of plaintiffs. While admitting the mortgage and the mortgage deed dated 02.05.1968, they alleged that mortgagor mortgaged the land to purchase agriculture implements, which were very costly in those days and the period of mortgage was voluntarily mentioned as 90 years as a sum of Rs. 8,000/- in those days was equivalent to the sale consideration of the land.;