KULDEEP SINGH AND ORS. Vs. RAM DEVI AND ORS.

JUDGEMENT

(1.) The present Appellants who happened to be the Plaintiffs brought a suit for possession by way of redemption of the suit land on payment of Rs. 800/ -. The mortgage charge over the suit land was created vide registered mortgage deed, dated 27th May, 1919 qua the land measuring 343 Kanals 2 Marlas owned and possessed by Balanda, Rai Singh and Mst. Runko Devi who mortgaged the said land with possession in favour of S/Sh. Nagahia, Thakur and Sunder sons of Sh. Chhaju for a consideration of Rs. 800/ -. A major portion of the mortgaged land was under the occupancy tenants who happened to become owners thereof under Act 8 of 1953 and now only 96 Kanals 9 Marlas of land remains under mortgage. The Defendants No. 1 to 7 were the successors -in -interest of the original mortgagees. The original mortgagees were alleged to have transferred their mortgagees' rights in favour of Defendants No. 8 to 14. The Defendants No. 15 to 17 were also impleaded as party as they were also owners of a part of the suit land. Plaintiffs, as such, claim redemption of the suit land on payment of Rs. 800/ -, the principal mortgage money.

(2.) The Defendants No. 2,4,7,9,12,13 and 15 only contested the suit and pleaded that the suit land also includes the other land which was held by their predecessor -in -interest under a deed of 'Patta', dated 21st May, 1919 executed by Baland Singh, Rai Singh, Sawan Singh and Smt. Runko. It was also averred that the contesting Defendants (No. 1 to 7) happened to mortgage some part of the suit land to Defendants No. 9 to 14 for a consideration of Rs. 1200/ -. It was further averred that a part of the suit property was alleged to be under mortgage debt with some Muslim which consequently vested in the Union of India, after having been declared as evacuee property.

(3.) The parties were put to trial on the following issues, by the trial Court: