AJIT SINGH Vs. LAKHBIR SINGH AND ORS

JUDGEMENT

(1.) This regular second appeal by defendant No. 1 is directed against the judgment and decree of the first appellate Court reversing on appeal those of the trial Judge and passing a decree for redemption of the suit land in favour of plaintiff respondents No. 1 and 2 on payment of mortgage money of Rs. 9,000/- within one month.

(2.) Defendants No. 2 and 3 (respondents No. 3 and 4 in this appeal) (hereinafter defendants No. 2 and 3) were the owners of the suit land, that defendant No. 3 mortgaged the suit land in favour of defendant No. 1/appellant (hereinafter defendant No. 1) vide registered mortgage deed dated September 25, 1967 for a consideration of Rs. 9000/- for a period of 95 years; that the suit land was already under mortgage with defendant No. 1 for consideration of Rs. 5000/-; that the previous-mortgage money was adjusted in the subsequent mortgage money of Rs. 9,000/-; that plaintiff-respondents No. 1 and 2 (hereinafter the plaintiffs and defendant No. 4/respondent No. 5 (hereinafter defendant No. 4) purchased the suit land along with other land from defendant No. 3 for consideration of Rs. 25,000/- vide registered sale deed dated March 25, 1987; that although the suit land was mortgaged for a consideration of Rs. 9000/-, but Rs. 1200/- were paid to defendant No. 3 at the time of execution of mortgage deed dated September 25, 1967; that since the mortgagor was in financial difficulty and was addicted to alcohol, taking the advantage of poverty and helplessness of the mortgagor, the mortgagee got the mortgage deed executed for a long term of 95 years and the clause in the mortgage deed that the mortgage was for 95 years is a clog on the equity of redemption and the mortgagor or the purchaser is entitled to redeem the suit land before the expiry of the stipulated period of 95 years fixed for redemption of the mortgage in the mortgage deed ignoring the clog clause.

(3.) The suit was contested by defendant No. 1. It was, inter alia, pleaded that the purchaser of the suit land is bound by the covenant in the mortgage deed dated September 25, 1967 and that the clause that the land was redeemable after 95 years was not a clog on the equity of redemption.