BALBIR SINGH Vs. RAJINDER PARSHAD

JUDGEMENT

(1.) By way of present appeal, defendant No. 3/appellant No. 1 is assailing the judgment and decree dated 2.6.1982, passed by Additional District Judge, Sangrur, thereby setting aside the judgment passed by the learned trial Court, by which learned trial Court had decreed the suit for redemption of mortgage on payment of Rs. 40,000/- by the plaintiffs to the defendants and directed to draw preliminary decree for possession by redemption of the disputed shop.

(2.) The brief facts of the present case are that Sarvshri Tarsem Lal, Gokal Chand, Kishori Lal, Kasturi Lal and Kapoor Lal, defendant Nos. 7 to 11, were the owners of the property in dispute. They mortgaged this property with possession in favour of Amar Nath and Dev Gupt, defendant Nos. 1 and 2, by means of registered mortgage deed, dated 28.2.1972, for Rs. 40,000/-. It was stipulated in the mortgage deed that mortgage was for five years and thereafter mortgagors were at liberty to get the property redeemed. Plaintiffs had purchased properties mortgagor vide registered sale deed dated 14.6.1973 from the s i.e. defendant Nos. 7 to 11. The plaintiffs filed suit for possession by way of redemption of the property in dispute on payment of the mortgage money against defendant Nos. 1 and 2 and impleading other defendants also as necessary parties.

(3.) Defendant Nos. 1 and 2 i.e. mortgagees admitted that the property in dispute was mortgaged in favour of defendant Nos. 1 and 2 for Rs. 40,000/- and they had no objection to its redemption by the plaintiffs. Defendant No. 3 i.e. Rajinder Parshad son of Dev Gupt (defendant No. 2) preferred his separate written statement and pleaded that he was inducted as a tenant in a shop (part of the mortgage property) by the defendant Nos. 7 to 11 i.e. original mortgagors, even prior to the mortgage and execution/registration of the mortgage deed dated 28.2.1972. It was also pleaded by the defendant No. 3 that he had been paying rent to defendant Nos. 7 to 11.