SANTOSH KUMAR Vs. RAM SARUP

JUDGEMENT

(1.) THIS appeal has been filed by the defendant against the judgment and decree dated 27-10-1973 passed by the Additional District Judge, Rupnagar

(2.) THE brief facts of the case are that the shop, in dispute, was mortgaged with possession by the plaintiff with the defendant for a sum of Rs. 1500/-, vide registered mortgage deed dated 7-10-1974. By means of the suit, he had sought to get the shop redeemed from the defendant.

(3.) THE defendant contested the suit The factum of mortgage was admitted but it was asserted that the mortgage was for Rs. 15000/- and not merely Rs. 1500/ -. He also claimed Rs. 1000/- as having been spent by him for effecting improvements He also asserted that fee bad paid local taxes levied on the shop, on behalf of the plaintiff and he was also entitled to reimbursement of the said amount. Another plea taken by him was that he was in possession of the shop as a tenant since prior to the mortgage and at the time of commencement of the mortgage, and of redemption is allowed, then his tenancy rights in the shop, in dispute, would be revived.