BANARSI DASS Vs. JIWAN RAM

JUDGEMENT

(1.) Vide this judgment, the present regular second appeal and also regular second appeals Nos. 3071 and 3072 of 1987 arising between the same parties and relating to the same land are being disposed of Pleadings in the three suits are common. Thus undisputed facts are taken from the file of regular second appeal No. 2481 of 1987.

(2.) On 5/06/1951, the land was mortgaged with possession for Rs. 1,200.00. After expiry of the period of limitation prescribed for redemption of the mortgage, a sum of Rs. 1,200.00 was paid on 29/09/1981, to one of the mortgagees and the mortgage deed was taken. Civil Suit No. 16 of 1984 was filed by Banarsi Das and another for declaration that the land measuring 16 kanals stood redeemed and the plaintiffs were in possession thereof free from all encumbrances. The plea taken by the defendants, Jiwan Ram and others was that at the time of creation of the mortgage which was with possession, the mortgagor was allowed to remain as a tenant. The mortgage was not redeemed within the period of thirty years. A sum of Rs. 1,200.00 was paid on 29/09/1981, to one of the mortgagees towards rent and the mortgage deed was taken away by Banarsi Dass and others for getting a mutation of inheritance recorded in their favour. This suit was dismissed by the trial Court on 10/09/1985, and appeal filed by Banarsi Dass and others failed in the lower appellate Court. Hence this regular second appeal.

(3.) Two other suits were filed by the mortgagees. Civil suit No. 19 was filed by Mukesh Gupta for declaration that he had become owner of the land and the mortgage was not redeemed within thirty years. Since the defendants were threatening to get a mutation sanctioned for redemption of land, the suit was filed. Suit No. 20 was filed by Jiwan Ram also claiming similar declaration as claimed in the suit of Mukesh Gupta. In these two suits, the plaintiffs claimed declaration with respect to their shares in the land. Both these suits were contested by Banarsi Dass and others alleging that on payment of Rs.1,200.00 the mortgage stood redeemed. Both these suits were decreed by the trial Court and appeals failed in the lower appellate Court. Hence regular second appeals Nos. 3071 and 3072 of 1987 by Banarsi Dass and others,