ANSUYA PARSHAD Vs. SECRETARY MINISTRY OF HOME AFFAIRS

JUDGEMENT

(1.) Plaintiffs had filed two suits for declaration that the mortgages are void and not binding on them and in the alternative for redemption of the usufructuary mortgages etc. After trial on 29th March, 1972, a preliminary decree in both the suits in the following terms was passed :-

(2.) Against the preliminary decree, appeals were preferred by the defendants, which ultimately were dismissed as withdrawn on 24th May, 1990.

(3.) In view of the preliminary decrees Mr. D.R. Dhamija, Advocate was appointed as the Local Commissioner, who went into the accounts as regards the five mortgages (three in favour of Sham Lal in S.No. 638/66 and two in favour of Sawan Mal in Suit No. 639/66) for the period upto 28th September, 1977 and submitted his report on 28th December, 1977. Against the report, objections were preferred by the defendants. Objections were turned down by an order passed on 16th February, 1983 upholding the report of the Local Commissioner. As per report of the Local Commissioner, plaintiffs were held entitled to redeem the mortgages of Sham Lal on payment of Rs. 4,556.00 and those of Sawan Mal on payment of Rs. 1,386.62.