SHRI SUKHAN Vs. BRIJ VEER SINGH

JUDGEMENT

(1.) The present appeal has been filed by defendants/appellants against the judgment and decree dated 10.7.1981 passed by Civil Judge, Muzaffarnagar in Civil Appeal No.314 of 1979 (Brijveer Singh and another vs. Sukhan and another) arising out of Civil Suit No.375 of 1977 decreed by Munsiff, Muzaffarnagar.

(2.) The brief facts relating to the appeal are that the plaintiffs/respondents filed Civil Suit No.375 of 1977 in the Court of Munsif, Muzaffarnagar for a decree for redemption of mortgage in respect of the property in suit as well as for delivery of possession over the property in dispute to the plaintiffs after payment of amount involved, against the defendants, with the allegation that the property in suit was mortgaged by Ram Chandra, the father of plaintiff nos.1 to 3 and 5 to 7 and husband of plaintiff no.4 on 20.2.1947 through registered deed of mortgage for securing the payment of money of Rs.150/- advanced by way of loan; that as per terms of mortgage deed the plaintiffs being heirs of Ram Chandra deceased are entitled to get redemption of property in suit on payment of money advanced as well as on payment of the cost of constructions which were permitted to be raised by the defendants, mortgagees in respect with which it was agreed that at the time of redemption the cost of constructions will be payable by the plaintiffs, the mortgagors to defendants, the mortgagees.

(3.) The defendant filed written statement with specific averments that Ram Chandra executed a registered mortgage deed for a sum of Rs.150/- advanced to him, on 20.2.1947 in which mortgagees/ defendants were given the right for raising constructions; that the defendants had filed a Civil Suit No.501 of 1975 for permanent prohibitory injunction over the property in suit but it was wrong to say that in that suit he made a statement on oath that he is absolute owner of the property mortgaged and rather he claimed the ownership of the constructions only which were raised by him over the property in suit; that the plaintiffs did not offer or tender any amount under the terms for redemption of mortgage deed, hence they have no cause of action for the suit; that the defendants never objected for the redemption of mortgaged property and have always been ready and willing to redeem the mortgage on payment of Rs.50,000/- costs of constructions and Rs.150/- the money advanced in accordance with the terms of mortgage deed.