OM PARKASH Vs. RAMESH CHAND AGGARWAL

JUDGEMENT

(1.) Om Parkash-Plaintiff, having lost in both the Courts below, has filed the instant second appeal.

(2.) The case of the Plaintiff Appellant is that one Kesho Ram was tenant in the disputed shop under the Plaintiff and was running business in the name and style of M/s Hardwari Mal Kesho Ram. The Plaintiff mortgaged the suit property with Defendant-Respondent No. 1 Ramesh Chand Aggarwal vide mortgage deed dated 21.11.1978, but prior to it, Kesho Ram had vacated the disputed shop. Accordingly, vacant possession of the shop was handed over to mortgagee Defendant No. 1, who let out the same to Defendant No. 2-Hari Kishan Dass (since deceased and represented by Respondent Nos. 2 to 4). Defendant No. 2 started running business in the disputed shop in the name and style of M/s Hardwari Mal Kesho Ram to create confusion. Defendant No. 3 Ramottar Bansal (Respondent No. 5 herein) is son of Defendant No. 2-Hari Kishan Dass since deceased. According to mortgage deed, mortgagee Defendant No. 1 could not transfer possession of the disputed shop to anybody else. Accordingly, Plaintiff filed suit for possession of the disputed shop by redemption of mortgage.

(3.) Defendant No. 1 denied the factum of mortgage and pleaded that mortgage deed is a false document which has been created to harass Defendant No. 2.