KUNDAN SINGH Vs. KARTAR SINGH

JUDGEMENT

(1.) THIS regular second appeal is directed by the defendant against the judgment and decree dated 8.5.1980 whereby his appeal was dismissed by the Additional District Judge, Amritsar and he up-held the judgment and decree of the Sub Judge IIIrd Class, Tarn Taran, whereby the suit of the respondent (plaintiff) for possession by redemption of land measuring 7 Kanals 18 Marlas situated in village Sohal, Tehsil Tarn Taran was decreed on the payment of Rs. 3,000/-.

(2.) THE facts of the case are that Smt. Baksho d/o Bakshish Singh resident of Village Sohal Thathi was owner of land measuring 7 Kanals 18 Marlas comprised in Khasra No. 227/2/1-2/2 as per Jamabandi for the year 1971-72. She mortgaged it with possession in Kundan Singh, appellant (defendant) for Rs. 3,000/- vide mortgage deed, Ex.P2, dated 28.2.1967 with the condition that she would not get it re-deemed for a period of six years. Smt. Baksho subsequently mortgaged the land measuring 13 Kanals 11 Marlas, including the suit land, comprised in Khasra No. 227/2/1 and 2/2 to Kartar Singh, respondent (plaintiff) for Rs. 9,000/- vide mortgage deed Ex.P1 dated 12.7.1968.

(3.) AFTER expiry of period of six years on 28.2.1973, Kartar Singh, respondent, requested the appellant to receive Rs. 3,000/- as mortgage amount and to get redeemed the suit land and to deliver possession of the same but he refused to do so and as such, he filed an application for redemption in the Court of Collector, Tarn Taran, on 8.4.1974. It was rejected by holding that the application involved complicated questions of law and fact which should be decided by the Civil Court. Thereafter, the respondent filed a civil suit for setting aside the order of the Collector but the same was rejected on 9.11.1976 with the stipulation that a regular suit for redemption was competent.