SAWAN RAM Vs. AMARJEET SINGH

JUDGEMENT

(1.) CM No. 10595.C of 2010

(2.) Admittedly, Harbaj was owner of the suit land. He mortgaged the suit land with possession with Karta Ram alias Kartara (predecessor of the appellants) vide mortgage dated 5.10.1961 for Rs 475/- and handed over possession of the suit land to the mortgagee. Harbaj thereafter sold the suit land to Joginder Singh vide sale deed dated 25.5.1965 and thus, Joginder Singh became mortgagor. On the death of mortgagee Karta Ram alias Kartara in the year 1994, the appellants inherited mortgagee rights in the suit land.

(3.) Appellants in their suit pleaded that since the mortgage was not redeemed within limitation period of 30 years, appellants being mortgagees have become owners of the suit land and Joginder Singh was left with no right, title or interest therein.