- (1.) This second appeal of the defendants is arising out of the judgment and decree dated 03.09.2013 passed by the learned Additional District Judge No.1, Bhilwara in Civil Appeal No.71/2005 "Sohan Lal S/o Ram Kalyan Vijayvargiya & Ors. Vs. Kishan Chand (deceased) S/o Dhallumal through his LRs & Ors." who allowed the appeal filed by the present respondents-plaintiffs and modified the judgment and decree dated 10.08.2005 passed by the learned Additional Civil Judge (Junior Division) No.2, Bhilwara in Civil Original Suit No.322/1999 "Sohan Lal S/o Ram Kalyan Vijayvargiya & Ors. Vs. Kishan Chand (deceased) S/o Dhallumal through his LRs & Ors." by which, the learned Additional Civil Judge (Junior Division) had decreed the suit filed by the plaintiffs seeking redemption of mortgage of suit house and for its possession which is known as "Khatiknami Haveli" situated at Azad Chowk, Bhilwara.
(2.) The present second appeal has been filed by the defendants-Kanhaiya Lal S/o Heeranand Sindhi and Hismat Rai @ Himmatraj S/o Dhallu Mal Sindhi against the respondentsplaintiffs-Sohan Lal S/o Ram Kalyan Vijayvargiya & Ors. aggrieved by the order judgment and decree dated 03.09.2013 passed by the First Appellate Court of learned Additional District Judge No.1, Bhilwara in Civil Appeal No.71/2005 "Sohan Lal S/o Ram Kalyan Vijayvargiya & Ors. Vs. Kishan Chand S/o Dhallu Mal Sindhi (deceased) through his LRs (Respondents Nos. 1 to 9) and Kanhaiya Lal S/o Heeranand Sindhi (Respondents Nos. 10 to 16).
(3.) The facts in brief leading to the present second appeal which has a chequered history is in respect of the suit property situated at Azad Chowk, Bhilwara which suit property was mortgaged vide registered mortgage deed (Ex. 20) dated 07.12.1974 by one Pyare Lal S/o Ram Lal (mortgagor) in favour of Dhallu Mal Sindhi and Heeranand Sindhi, the tenants of the said suit property. The tenants were carrying on the business of Bakery in the four suit shops situated on the front side of the said house and were also in possession of some more portion of the suit property other than the suit shops and also one portion which was in possession of one Raj Kumar S/o Vilayati Ram Khanna, with whom also, that portion of the suit property was mortgaged by the owner Pyare Lal and that portion was later on purchased by the respondents Nos. 2 to 4 Raj Kumar S/o Manohar Lal Sindhi, Smt. Kamla W/o late Manohar Lal Sindhi and Govind Ram Kalwani S/o Kanhaiya Lal Kalwani. The dispute in the present case is about the four suit shops only in which the legal representatives of the mortgagees under the agreement Ex. 20 dated 07.12.1974 namely, Dhallu Mal Sindhi and Heeranand Sindhi are in possession and claim of these defendantsappellants is that even redemption of said mortgage on payment of Rs. 20,000/- which was created by the mortgagor Pyare Lal in favour of Dhallu Mal Sindhi and Heeranand Sindhi under the registered mortgage deed (Ex. 20) dated 07.12.1974 since they were the tenants in the said suit shops, their tenancy stood revived with the redemption of the mortgage under the Court decree and, therefore, the possession of the suit property namely, the four shops in question was not required to be handed over back to the mortgagor after the redemption of the mortgage. It may be noted here that the original mortgagor Pyare Lal had sold the suit property including the said four suit shops in question in favour of the original plaintiff Sohan Lal S/o Ram Kalyan Vijayvargiya including the right of redemption of mortgage and the present suit for redemption of mortgage was also filed by the purchaser Sohan Lal S/o Ram Kalyan Vijayvargiya only.;