RATNAKAR SIKA Vs. BHURSU MAHAN AND ANR.

JUDGEMENT

(1.) Plaintiff is the appellant against a reversing judgment in a suit for redemption and recovery of possession of the disputed land.

(2.) Plaintiff's case, in a nutshell, is that he had purchased Schedule 'A' land from defendant No. 2 for a consideration of Rs. 4,500.00 on 19.4.1973 by a registered sale deed. Defendant No. 2 had mortgaged the said land with defendant No. 1 on 5.5.1970 prior to the purchase for a sum of Rs. 2,200.00 under the mortgage deed Ext D and defendant No. 1 had been in possession of the land since the date of mortgage. Plaintiff having stepped into the shoes of his vendor as mortgagor offered to pay the amount to defendant No. 1 to redeem the mortgage property but defendant No. 1 refused to accept the amount and, therefore, the plaintiff filed the suit for the relief as stated earlier.

(3.) The case of defendant No. 2, on the other hand, is that the suit is not maintainable and the plaintiff has no locus standi to file the suit. He also took the plea that the suit was barred by limitation and defendant No. 1 possessed the suit land since June 1974 where after defendant No. 2 had been possessing the same and the previous mortgage had been completely redeemed. According to defendant No. 2 Ext. D was a sale with a condition for repurchase and he alone was entitled to redeem same. Defendant No. 1 remained ex-parte.