DHARAM PAL Vs. SANJEEV

JUDGEMENT

(1.) DHARAM Pal claims that he was born to Smt. Chalti Devi and has filed the present appeal which has been directed against the judgment and decree dated 18.8.1999 passed by the court of learned District Judge, Sonepat who accepted the appeal of the plaintiffs-respondents Sanjeev and others by setting aside the judgment and decree date 20.2.1999 passed by the Court of Additional Civil Judge (Senior Division), Sonepat, who dismissed the suit of the plaintiffs (now respondents).

(2.) SOME facts can be noticed in the following manner : Sanjeev and others filed a suit for declaration that they are the owners of the land in question by efflux of time and the case set by the plaintiffs was that Dhrampal-defendant mortgaged land measuring 3 Bighas 15 Biswas including all rights appurtenant thereto in favour of Smt. Brahmi Devi on 13.11.1961/18.11.1961 for a consideration of Rs. 20,000/- and it was agreed upon that if Dharampal fails to get the land redeemed within 6 months, then Brahmi Devi shall have the right to get the sale deed executed in her favour. Brahmi Devi died but during her life time she executed will. On that basis, all the right of her property were given to the plaintiffs-appellants. It is on the basis of this will (Ex.P.12), mutation Nos. 4156 (Ex.P.4) and 4147 (Ex.P.5) regarding mortgaged property were sanctioned in their favour on 15.9.1980. The plaintiffs further alleged that period of limitation to redeem the land was 30 years and since it has expired so defendant-Dharampal had ceased to be the owner of the land in question by efflux of time. The suit was contested by the defendant mainly on the ground that he was minor on the date of execution of the mortgage deed and moreover he never parted the possession. The defendant also denied the execution of the mortgage deed.

(3.) THE parties led oral and documentary evidence in support of their case and vide judgment and decree dated 20.2.1999, the suit of the plaintiffs was dismissed. Aggrieved by the judgment and decree of the trial Court, the plaintiffs filed the first appeal before the Court of learned District Judge, Sonepat who, for the reasons given in paragraph 12 of the judgment, decreed the suit of the plaintiffs and granted a declaration as prayed for.