LAWS(MPH)-2011-8-124

RAMA SHARMA Vs. TAJBI

Decided On August 24, 2011
RAMA SHARMA (SUSHRI) Appellant
V/S
TAJBI @ BADBI (SMT) Respondents

JUDGEMENT

(1.) This appeal has been preferred by the plaintiff against dismissal of her suit for recovery of Rs.1,32,000/- through sale of the mortgaged property or otherwise vide impugned judgment and decree dated 08.02.2002 passed by the Court of II Additional District Judge, Ujjain in civil suit no.74A/2001.

(2.) Short facts leading to this appeal are that the defendant/respondents are legal heirs of Abdul Wajid Khan, who executed simple mortgage deed in respect of his house no.29 (old no.4/1742) on 16.11.1993 for consideration of Rs.88,000/-. Interest @ 1.50% per month was payable under the said mortgage deed. Period of redemption was fixed upto 09.11.1996. It was agreed that in case of failure in payment of mortgage money with interest, plaintiff shall have a right to recover the amount by sale of the mortgaged property. Abdul Wajid Khan made payment once only of Rs.1,800/- towards interest. It was duly entered in the book. After the death of Abdul Wajid Khan on 15.01.1996, defendant no.2 paid Rs.1000/- each for the month of April and May, 1996 towards interest. Thus, total sum of Rs.3,800/- was paid towards interest and nothing was paid towards the principal amount. Thus, in addition to the mortgage money, plaintiff is entitled to Rs.39,760/- towards interest which was not paid despite demand notice. Hence, the suit for recovery of Rs.1,32,000/- with future interest @1.50% per month. Additionally, relief for realization of money through sale of mortgaged property was also prayed for.

(3.) Defendant/respondents no.1 to 4 submitted joint written statement refuting thereby the claim of the plaintiff. It has been further stated that no payment was made to Abdul Wajid Khan on 16.11.1993. It seems from the document itself that the alleged loan was quite old and suit is therefore barred by limitation. It is further revealed that no money was received by Abdul Wajid Khan on 16.11.1993 since the document dated 16.11.1993 itself reveals that the sum of Rs.88,000/- was not paid at all to Abdul Wajid Khan. Accordingly, the suit is liable to be dismissed.