JEEWANDAMAL KAKKAD Vs. PUNJAB AND SINDH BANK

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 10-4-2001 passed by the 5th Additional District Judge, Raipur in Civil Suit No. 13-A/96, whereby learned Additional District Judge has decreed the suit for sale of mortgage property.

(2.) JUDGMENT and decree are challenged on the ground that the Court below has erred in holding that the suit for recovery of amount was based on mortgage and the suit was not barred by limitation and also on the ground that the Court below has committed illegality by holding that the Appellants have mortgaged the house to the Respondent by deposit of title deed.

(3.) IT was specifically pleaded by the Plaintiff/Respondent in para 4 of the plaint that Appellant No. 1 has mortgaged his residential house No. A-20 situated at Shankar Nagar, Raipur, by creating equitable mortgage in favour of the Plaintiff/ Respondent which was denied by the Appellants/Defendants.