RAJ KUMAR AND ORS Vs. PREM PARKASH

JUDGEMENT

(1.) This is second appeal by Plaintiffs, who were successful in the trial court, but have been non-suited by the lower appellate court.

(2.) Plaintiffs-Appellants filed suit against Defendant-Respondent Prem Parkash alleging that Sher Singh (predecessor of the Appellants) mortgaged the suit land measuring 08 kanals with the Respondent for 7,000/- vide registered mortgage deed dated 15.03.1989. The mortgage was with possession. Sher Singh has since died. The Appellants are his heirs. Sher Singh had redeemed the mortgage by paying 7,000/- to Defendant-Respondent on 31.01.1995 and receipt regarding the same was written on the back of the mortgage deed. Possession of the suit land was also delivered by Defendant to Sher Singh at that time. Mutation of redemption was also entered, but the same was not sanctioned due to non-appearance of the Defendant before the Revenue Officer. Since Defendant refused to get the mutation sanctioned, the Appellants filed the instant suit for redemption of mortgage.

(3.) The Defendant, while admitting the factum of mortgage, controverted the other plaint allegations and inter alia pleaded that after taking possession under the mortgage, the Defendant gave the suit land to Sher Singh - mortgagor himself in the year 1989 itself but the mortgagor did not pay the lease money @ 10,000/- per annum nor paid the mortgage money of 7,000/-. Various other pleas were also raised.