REHMANI Vs. BHOORJI

JUDGEMENT

(1.) This is plaintiff's appeal against the judgment and decree dated 13.3.1985 passed by the learned courts below, vide which suit for possession by way of redemption of agricultural land situated in village Azizabad, Tehsil Palwal, District Gurgaon, was dismissed.

(2.) Plaintiff/appellant filed a suit on the pleadings that he was owner/mortgagor of agricultural land bearing Khewat No. 337 Khatauni No. 410, Rect. No. 26, Killa No. 14/1 (3-0), 17/2 (5-10), 18/1 (5-10), Khatoni No. 411, Rect. No. 26 Killa No. 22/2 (5-7), 23(8-0) 15/1 (3-13), total measuring 40 kanals Punhana Tehsil Ferozepur Jhirka, District Gurgaon and defendant No. 1 was the mortgagee of the said agricultural land. The suit land bears the following particulars of the mortgage:

(3.) Interest payable in view of the stipulation in the mortgage deed, was equivalent to the produce of the land. Plaintiff/appellant purchased the suit land from the owner Rassan Khan son of Salem Khan, share holder, in possession of the suit land and accordingly, became successor-in-interest of the mortgagor. It was pleaded by the plaintiff that the suit land could be redeemed at any time on payment of mortgage amount. It was claimed that the plaintiff was, therefore, entitled to possession of the suit land on payment of mortgage amount of Rs. 1400/- (Rupees one thousand and four hundred only). Defendants No. 2 and 3 were said to be the sons of defendant No. l. Defendants No. 2 and 3 were also said to be inducted as tenants by mortgagee and therefore, were liable to vacate the land on redemption.