DAULAT RAM Vs. RAM DAS

JUDGEMENT

(1.) THIS Regular Second Appeal has been filed by defendants against the judgment and decree dated 4.5.1999 passed by Additional District Judge, Sangrur, whereby he dismissed their appeal and maintained the judgment and decree dated 3.6.1989 passed by Sub-Judge Ist Class, Sangrur, whereby the suit of the respondent (plaintiff) for the recovery of Rs. 50,000/- as damages was decreed with costs alongwith interest @ 6% per annum from the date of institution of the suit i.e. 13.2.1984 till the realisation of the decretal amount.

(2.) BRIEFLY stated, the facts are that Shisha Singh s/o Anokh Singh was the co-sharer of the land measuring 16 kanals comprised in Rectangle No. 111 and Killa Nos. 15(8-0) and 16(8-0) situated in village Rogla. Vide mortgage deed dated 18.6.1968, Shisha Singh mortgaged the aforesaid land with possession in favour of Ram Kala father of the respondent for a sum of Rs. 5,000/-. Subsequently, Ram Kala died and the respondent alongwith his brother Bhura became the mortgagees as they were the sons of Ram Kala. On 20.6.1972, Shisha Singh is alleged to have created additional mortgage of this very land for a sum of Rs. 3,000/- and thus, the respondent alongwith his brother Bhura became mortgagees in possession for a sum of Rs. 8,000/-.

(3.) IT was further averred that Shisha Singh became dishonest. He alongwith Smt. Vir Kaur widow of Ujagar Singh and Piara Singh sold land measuring 42 Kanals 6 Marlas out of 88 Kanals 9 Marlas vide sale deed dated 4.6.1974 to Niranjan Singh, Chandi Ram, Darshan Singh, Shera @ Mewa Singh ss/o Harka Ram, and Daulat Ram son of Neetu Ram including Killa No. 111/15(8-0). He further sold, alongwith other two aforesaid co-sharers, land measuring 24 Kanals vide sale deed dated 6.6.1974 to appellants, Joginder Singh and Sukwant Singh for Rs. 21,000/- including Killa No. 111/16(8-0).