SUSHIL KUMAR SINGH Vs. BRAJ MOHAN SINGH

JUDGEMENT

(1.) In both these writ petitions common questions of law arise and they have been heard together and are being disposed of by this order.

(2.) The necessary facts for the disposal of these two writ petitions may shortly be stated. On the 26th of March, 1964, Braj Mohan Singh (respondent No. 1) and Ram Mohan Singh, father of respondents 2 to 4, of C. W. J. C. No. 984 of 1978 borrowed a sum of Rs. 2800/- from Sushil Kurnar Singh, the petitioner in the said writ petition, and put the mortgagee in possession of 1 acre and 13 decimals of land, describing the document as Shartia Sudbharna Meyad Panch Sal, a true copy of which has been filed as Annexure 1.

(3.) By a similar document dated the 28th of June, 1966 respondents 1 to 4 of C. W. J. C. No. 985 of 1978, who are the same persons as respondents 1 to 4 in the first writ petition, borrowed a sum of Rs. 11,000/- and put the mortgagee Murlidhar Singh, the petitioner of C. W. J. C. No. 985 of 1978, in, possession of 3 acres and 61 decimals of land. This document has also been described as Sharlia Sudbharna Wo Meyad Chhey Sal.