S. BHOPINDER SINGH AND OTHERS Vs. CHANAN SINGH AND OTHERS

JUDGEMENT

(1.) SHORTLY stated the facts which give rise to this appeal are that on the 26th of July 1992, Sardar Avtar Singh, father of Bhopindar Singh and Balvindar Singh, defendants, mortgaged without possession for Rs. 15,609/ - 94 kanals 9 marlas of agricultural land, situate in Mauza Dhaliwal, Tehsil Nakodar with Chanan Singh and Nand Singh plaintiffs 1 and 2 and Bawa Singh, father of Kultar Singh plaintiff 3. The conditions of the mortgage provided, inter alia that in case the mortgagor failed to pay interest on the mortgage -debt for one year the mortgagees would be entitled to possession of the mortgaged land. Default having occurred in the payment of interest, the plaintiffs instituted the suit for possession of the mortgaged land against Bhopindar Singh and Balvindar Singh defendants. Sardar Avtar Singh mortgagor having died before the institution of the suit.

(2.) NOW , defendants 1 and 2 denied the execution of the mortgage deed by Sardar Avtar Singh and then pleaded that in any case, the land in suit was ancestral qua them and the mortgage was without consideration and legal necessity. In the replication the plaintiffs maintained that the pleas regarding the ancestral nature of the land and consideration and necessity were not open to the defendants in these proceedings.

(3.) UPON the pleadings of the parties the following issues were framed: