SARWAN SINGH Vs. SUKHMANDER SINGH

JUDGEMENT

(1.) The present appeal has been filed against the judgment and decree dated 18.07.1984, passed by the Additional District Judge, Faridkot, in Civil appeal No. 62/257 A of 1982/1983 preferred against the judgment and decree dated 21.12.1981 of Sub Judge I class, Moga, titled as Sukhmandar Singh and others vs. Sarwan Singh by which the suit of the mortgagees for declaration was decreed. The relevant facts gathered from the case file are as under: On 9.5.1951/ 18.06.1951, Khem Singh and Santa Singh (herein referred to as the mortgagor) mortgaged his land with Mehnga Singh and Arjan Singh sons of Dewan Singh (herein referred to as the morgagees). The following pedigree table will be helpful in understanding the facts:-

(2.) On 18.07.1979, Sarwan Singh son of Khem Singh, the deceased mortgagor, filed a civil suit No. 295 of 1979, for permanent injunction restraining the defendants i.e. the legal representatives of the mortgagees, from dispossessing him from the land measuring 17 kanals 13 marlas comprising of Rect no. 3, killa Nos. 12(4-0), 18(4-0), 19/2(2-9), 19/1(0-13), and 23/1 (6-11) situated in village Daroli Tehsil Moga. The suit was dismissed by the Sub Judge 1st class, Moga, vide his judgment and decree dated 21.12.1981. Against this judgment and decree, the present appellant Sarwan Singh preferred Civil appeal No. 61/257 of 1982/1983 on 04.03.1982 before the Additional District Judge, Faridkot. The learned 1st appellate Court, vide its judgment and decree dated 18.7.1984, set aside the judgment and decree dated 21.12.1981 passed by the learned Sub Judge I class, Faridkot and the suit was decreed against the legal representatives of the mortgagees restraining them from dispossessing him from land measuring 17 kanals 13 marlas. It is worthwhile to mention here that this judgment and decree dated 18.7.1984 has attained finality as no appeal was filed by the mortgagees.

(3.) On 11.10.1979, Sukhmandar Singh and others the legal representatives of the mortgagees Mehnga Singh and Arjan Singh filed Civil Suit No. 434 of 1979 against Sarwan Singh, the legal representative of the mortgagor, for declaration to the effect that they have become absolute owner of the mortgaged land as the mortgagor has lost his right for redemption by efflux of time and the right to redeem the suit land stood extinguished. The learned Sub Judge 1st class, Moga, vide his judgment and decree dated 21.12.1981, decreed the suit for declaration to the effect that Sukhmandar Singh and others have become owners of the suit land mentioned in the head note of the plaint. Sarwan Singh also preferred another civil appeal no. 62/257 A of 1982/1983 on 4.3.1982, wherein the 1st Appellate Court, Faridkot, disposing of both the civil appeals on 18.7.1984 by single judgment, modified the judgment and decree passed in Civil Suit No. 434 of 1979, decreeing the suit for declaration that Sukhmander Singh, Sukhdarshan Singh alias Darshan Singh, Mukhtiar Singh and Dhan Kaur, legal representatives of Mehnga Singh mortgagee have become owners of half share of Rect no. 3, khasra nos. 20, 19/1, and 1 /4th share in Rect. No. 3 khasra nos. 18, 19/2, 23/1, 19/3, 23/2 and Rect. No. 11, Khasra No. 3/1 situated in Village Daroli Bhai. The suit of Jagmel Singh and Gurdev Singh sons of Arjan Singh, the mortgagee, for grant of declaration claimed by both of them was dismissed. It is relevant to mention here that neither Jagmel Singh nor Gurdev Singh filed any regular second appeal before this Court, so, the judgment and decree passed by the 1st Appellate Court became final qua both of them. It is against this judgment and decree that Sarwan Singh appellant son of Khema Singh, the mortgagor, has filed this regular second appeal no. 2698 of 1984, which was admitted on 22nd January, 1985. It is necessary to mention here that at the request of the learned counsel for the appellant the names of respondents no. 5 and 6 i.e. Jagmel Singh and Gurdev Singh sons of Arjan Singh mortgagee were struck off from the memo of parties vide order dated 18.3.1985 of this Court.