PARSINI Vs. WASAN SINGH LABH SINGH

JUDGEMENT

(1.) This appln. for leave to appeal to a D.B. was converted by me into one for review as it was stressed that I had, by dismissing appeal (No. 90 of 50) in limine on 26-5-1960 perpetuated an illegality committed by the learned Dist. J. in decreeing the pltf's. suit for redemption although the basis of the suit was an unregistered deed with respect to property of more than one hundred rupees value. The suit relates to one-fourth share of a house in village Dhilwan which had been mortgaged for Rs. 100 by Mohindar Singh to Mt. Parsini by a private deed on 8-7-1999. Mohindar Singh subsequently on 26 8-99 exchanged his property including his share in the house with that of Wasan Singh deft. (pltf. ) & thereby necessarily assigned to him the right to redeem. Mohindar Singh had in addition to his own 1/4th share, which he had inherited from his father, also become the owner through a registered instrument dated 6-4-1999 of Anr. half share of his brother Joginder Singh. Wasan Singh brought the present suit for redemption on 30-4-2003 setting out how he had acquired proprietary title in the suit pro, party & how he claimed to redeem. The deft. opposed the suit & contended that the house belonged to her son Mahadev whereupon the following two issues

(2.) The next point that arises is whether the deft. can now ask for Rs. 100 which had been obtained by the mtgor. against the security of the house. In her written statement she denied the mtge. in her favour & set up the title of her minor son in defence. To allow Rs. 100 to her would be tantamount to holding the consideration of the mtge. as proved, & this, Section 17 read with Section 49, Registration Act, forbids.

(3.) For these reasons, I would modify the decree of the learned Dist. J. & make it one for possession instead of one for redemption & the pltf. will not be required to pay any amount to the deft. The review appln. otherwise fails & is dismissed with costs.