SHIVDEV SINGH Vs. SUCHA SINGH

JUDGEMENT

(1.) Leave granted.

(2.) Claiming to be the owner of the disputed property being land measuring 23 canals 2 marlas situate in village Sansra, Tehsil Ajnala, Punjab, the respondent plaintiff field a suit for possesion by way of redemption against the appellants in the Court of Additional Senior Sub Judge, Ajnala. The suit was decreed by the trial Court with a direction for delivery of possession by way of redemption on paying depositing the mortgage money of Rs. 7,000/- minus the cost of the decree. The appeal filed by the appellants was dismissed by the First Appellate Court on 25th July, 1998 and second appeal was dismissed vide the judgment impunged in this appeal.

(3.) It is contended on behalf of the appellants that the clause prescribing the period of mortgage did not constitutes a clog on the equity of redemption and that the suit filed before the expiry of the stipulated time was premature in terms of Section 60 of the Transfer of Property Act. In support of their contentions the appellants have relied upon the judgment of this Court in Gangadhar v. Shankar Lal, AIR 1958 SC 770: (1959) SCR 509 and distinguished the judgment relied upon by the High Court in the case of Pomal Kanji Govindji v. Vrajlal Karsandas Purohit, AIR 1989 SC 436.