HARMINDER SINGH(D) Vs. SURJIT KAUR(D)

JUDGEMENT

(1.) The plaintiff is in appeal before this Court against the Judgment and decree passed by the High Court in Second Appeal on 21/12/2007 whereby the mortgagor's appeal was allowed holding that the mortgagor has a right to redeem the land in question.

(2.) One Gulab Singh - mortgaged his share of land in favour of Rajinder Singh on 2/5/1921 with possession. The defendants inherited the estate of Gulab Singh whereas Rajinder Singh - mortgagee died issueless and his rights were inherited by his wife - Rajinder Kaur. Rajinder Kaur sold her mortgagee rights to the plaintiff vide sale deed dtd. 18/6/1979.

(3.) Since the mortgage was not redeemed by the mortgagor within a period of 30 years, the plaintiff filed a suit for declaration that she had become the owner after the extinguishment of the mortgage rights and for permanent injunction.