ANOOP SINGH Vs. HARYANA FINANCIAL CORPORATION

JUDGEMENT

(1.) THESE are two appeals, filed by the plaintiff and the defendant respectively, against the impugned judgment of the Trial Court dated 2.12.2002. By the impugned judgment, the Trial Court held that the mortgaged shops have been validly mortgaged to the financial institution, namely, Haryana Financial Corporation / defendant for recovery of dues.

(2.) THE impugned judgment has also by reference to the mortgage documents held that mortgage was only of the shop Nos. 3 and 4, and there was no mortgage of the basement mentioned in the mortgage documents. It was therefore consequently held that the defendant/Haryana Financial Corporation has no rights to the basement.

(3.) ACCORDINGLY, so far as RFA No.271/2003 is concerned, it is disposed of with the observation that whenever there is a partition of the property, which is said to be of about 2,000 sq. yds, of Sh. Anoop Singh and Sh. Labh Singh Chaudhary, situated in khasra No.66/1, village Mangolpur Kalan, Delhi, then, the appellant / plaintiff, on establishing that he has otherwise received no earlier share, will have a larger share from the balance portion of the property excluding the shop Nos. 3 and 4 i.e. the share which will already be deemed to be allocated to Sh. Labh Singh Chaudhary and who will thus be entitled to a lesser share considering that with respect to his share, Sh. Labh Singh Chaudhary already has taken ownership rights of the subject shop Nos. 3 and 4.