LEELA AGRAWAL Vs. SARKAR

JUDGEMENT

(1.) This first appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against judgment/ decree dated 14.11.2003/ 02.12.2003 passed by Additional District Judge, Manendragarh, District- Korea (C.G.) in Civil Suit No. 26-A/2001, wherein the said court decreed the suit for redemption of mortgage related to land bearing Khasra No. 202/07 admeasuring 2 acres of Patwari Halka No. 10, Manendragarh (Near Hansiya River, Ward No. 1) and ordered the appellant to get amount of Rs. 1,20,000/- deposited by respondent on 29.11.2003 and get mutation of the said land in the name of respondent No. 1.

(2.) Respondent No. 1/plaintiff filed a suit stating inter alia that she is owner of the suit land/house situated at Patwari Halka No. 10, Manendragarh bearing Khasra No. 202/07 total area 5.40 acre and out of said land, she mortgaged 2 acres of land to the appellant/defendant in the year 1990 for Rs. 75,000/- and mortgage deed was reduced in writing on 17.10.1990.

(3.) As per averment, it was agreed between the parties that respondent No. 1 will refund Rs. 1,20,000/- towards mortgage totaling the principal amount, Rs. 25,000/- as interest and Rs. 20,000/- towards expenses incurred in mortgaging the property.