VIJAY KUMAR Vs. OM PARKASH

JUDGEMENT

(1.) Defendant No. 1 has filed the instant second appeal having remained unsuccessful in both the courts below.

(2.) Suit was filed by respondents No. 1 and 2 against appellants and respondents No. 3 to 14. Land measuring 5 kanals 3 marlas was mortgaged by its erstwhile owner Tarlok Chand father of defendant No. 4 with Mukand Nabh predecessor-in-interest of defendants No. 1 to 3 for Rs 1000/- vide registered mortgage deed dated 1.7.1970. Plaintiff No. 1 purchased 2 kanals 5 marlas land being half share of 4 kanals 10 marlas land from Tarlok Chand vide registered sale deed dated 13.6.1974. Plaintiff No. 1 undertook to pay the mortgage money of Rs 1000/- with interest of Rs 480/- on the mortgage money and accordingly plaintiff No. 1 paid Rs 1480/- as total mortgage money to mortgagee Mukand Nabh and mortgage was redeemed. Thereafter Tarlok Chand also sold 1 kanal 4? marlas land out of 2 kanals 9 marlas to Mukand Nabh vide sale deed dated 10.3.1980. The said sale was without encumbrance. Tarlok Chand also sold 1kanal 6? land out of remaining 3 kanals 7 marlas land to plaintiff No. 2 vide sale deed dated 27.4.1977 with recital that there was no encumbrance on the said land. Accordingly, plaintiffs sought declaration that they are owners in possession of the respective lands purchased by them without any encumbrance and in the alternative they also sought redemption of the mortgage.

(3.) Defendants No. 1 and 2 contested the suit and denied the plaint allegations. They pleaded that no mortgage money was ever paid to Mukand Nabh and there was no redemption of mortgage. Various other pleas were also raised.