HARDIT SINGH Vs. KAMALJIT KAUR

JUDGEMENT

(1.) Defendant Hardit Singh, having failed in both the courts below, has filed the instant second appeal. By this common judgment, I am also disposing of R. S. A. No. 2748 of 2010 titled Birinder Kaur v. Amrit Singh in addition to the instant.

(2.) R. S. A. No. 2747 of 2010 titled Hardit Singh v. Kamaljit Kaur, R. S. A. No. 2747 of 2010 has arisen out of suit filed by Pritam Singh Sekhon (since deceased and represented by his daughter and legal representative Kamaljit Kaur - respondent) relating to half share of Kothi no. 31-B, Badungar, Tehsil and District Patiala, whereas R. S. A. No. 2748 of 2010 has arisen out of suit filed by Amrit Singh Sekhon (who is son of Pritam Singh Sekhon aforesaid and brother of Kamaljit Kaur aforesaid) against Birinder Kaur - appellant/defendant, who is mother of Hardit Singh - appellant of the other case, regarding half share of the same kothi.

(3.) Both the suits were filed for possession by redemption of the suit property. Facts in both the cases are identical. Facts are being taken from R. S. A. No. 2747 of 2010. The plaintiff alleged that being owner of the suit property i.e. half share of the kothi, he mortgaged the same with defendant with possession vide mortgage deed dated 15.09.1992 for Rs. 1,50,000/-. Additional mortgage for Rs. 55,000/- vide mortgage deed dated 22.04.1993 and further additional mortgage for Rs. 1,00,000/- vide mortgage deed dated 25.05.1996 was also created. The total mortgage money was thus Rs. 3,05,000/-. On demand, the defendant refused to redeem the mortgage necessitating the filing of the instant suit for possession of the mortgaged property by redemption of the mortgage.