LALCHAND AGRAWAL Vs. KUNJ BIHARI

JUDGEMENT

(1.) This second appeal has been preferred against the judgment and decree dtd. 18/12/1998, passed by the Additional District Judge, Baikunthpur, Camp Court Surajpur, District Sarguja, in Civil Appeal No.16-A/1998, whereby the judgment and decree passed by the learned Civil Judge, Class-II, Surajpur on 30/7/1991, in Civil Suit No.85-A of 1989 was set-aside.

(2.) The case of the plaintiffs is this, that the grand father of the plaintiffs No.1 to 4 and father of plaintiffs No. 5 to 7 namely Sitaram Sao had mortgaged the land bearing Kh. No.2170 area 0.4 acres, 2171 area 0.9 acres under his title and ownership in favour of the father of the defendants for a loan of Rs.600.00 regarding which mortgage deed was executed on 1/5/1959 by handing over the possession of the property to father of the defendant Late Nanhu Ram Agrawal on the same date. The terms of the mortgage deed is this that after completion of one year, the amount will be repaid without interest and the possession of the property will be handed over back to the first party. It is pleaded in the plaint that because of financial difficulties, the mortgaged property could not be redeemed after payment of loan and Sitaram Sao expired on 20/2/1975. The plaintiffs came to know about the usufructuary mortgage deed dtd. 1/5/1959 for the first time on 19/5/1989 thereafter, offer was made from the plaintiffs side for repayment of loan of Rs.600.00 and for redemption of the mortgage property, which was refused by the defendants side. Hence, the suit was brought praying for grant of reliefs.

(3.) In written statement, the appellants/defendants denied the pleadings of the plaint and submitted that mortgage deed 1/5/1959 was a usufructuary mortgage valued at Rs.600.00 and it was registered with conditions that, if the, other party is unable to redeem the same on 1/5/1960 then the property will be deemed as sold, hence, on this basis title has accrued in favour of the appellants/defendants. Prayer was made to dismiss the suit.