TARA SINGH Vs. BHAGAT SINGH

JUDGEMENT

(1.) The plaintiff-appellant filed the present suit for possession by redemption of the suit land on payment of Rs. 500/- as mortgage money.

(2.) It has been found by both the Courts below that originally, the land belonged to Hukma, the grandfather of the appellant. He died leaving behind six sons and his widow. The appellant is the son of Jagat Singh, one of the sons of the said Hukma. Jagat Singh had three sons including the appellant. Hukma, during his life time, mortgaged the suit land on July 16, 1922, with one Buta son of Kharati, for a sum of Rs. 500/-. This land was subsequently redeemed by Bhagat Singh, defendant-respondent, one of the sons of Hukma, mortgagor, on March 31, 1940, vide endorsement, Exhibit D. 1/A. The appellant filed the present suit on May 14, 1968, for possession by way of redemption of the whole land mortgaged by Hukma. The suit was resisted by the defendant-respondent. On the pleadings of the parties, the trial Court framed the following issues :

(3.) The sole question involved in this appeal is whether the appellant is entitled to redeem the whole land mortgaged by his grandfather Hukma, which was subsequently got redeemed by the respondent in the year 1940. Admittedly, the appellant has one-eighteenth share in the estate left by Hukma because Hukma left behind six sons and the appellant is the son of one of his sons, i.e., Jagat Singh, who had three sons including the appellant. Under the circumstances, he was only entitled to get his own share redeemed. He could not redeem the whole land. It has been rightly held by the lower Appellate Court that there was no question of any adverse possession of the respondent as he was holding the land as a mortgagee qua the appellant who will be deemed to be a co-mortgagor with him to the extent of his share. Thus, I do not find any infirmity or illegality in the judgment under appeal which may call for interference in second appeal by this Court.