VISHAN DASS Vs. RANJIT SINGH

JUDGEMENT

(1.) This is appeal by Vishan Dass defendant No. 2 against Ranjit Singh plaintiff and Dalip Singh Respondent No. 1 from the judgment of Shri S.R. Bakshi, Additional District Judge, Karnal dated October 13, 1970 confirming the judgment of Shri V.K. Jain, Sub Judge Ist Class, Karnal dated June 11, 1970 decreeing the suit of the plaintiff against Dalip Singh and Vishan Dass.

(2.) On May 31, 1956, there was executed mortgage deed, Exhibit P. 1 by Ranjit Singh in favour of Dalip Singh mortgaging with possession a shop situate in the town of Pundri, District Karnal. The shop was mortgaged for a sum of Rs. 1,000. It was agreed that the mortgagee shall pay to the mortgagor interest @ rupee one per cent per mensem. On June 27, 1956, Vishan Dass executed rent deed in favour of Dalip Singh. It is recited therein that he took the shop on rent from Dalip Singh and was liable to pay rent to him. On June 9, 1967, Ranjit Singh filed suit for possession by redemption of the mortgaged shop against Dalip Singh. Vishan Dass being in possession of the shop as a tenant was impleaded as defendant No. 2. Dalip Singh did not contest the suit. In the written statement filed on behalf of Vishan Dass, it was pleaded that he having been a tenant of Ranjit Singh since 1949, long before the shop was mortgaged by Ranjit Singh in favour of Dalip Singh was not liable to dispossession and was entitled to continue in possession even if decree for redemption could be passed against Dalip Singh. Vishan Dass also pleaded that Ranjit Singh mortgagor and Dalip Singh mortgagee being real brothers, the mortgage and the suit wee collusive.

(3.) The above pleadings of the parties gave rise to the following issues :-