PARMAL SINGH Vs. GURGA

JUDGEMENT

(1.) The predecessors-in-interest of the appellants were occupancy tenants of the land in dispute measuring 52 Kanals, 16 Marlas which was mortgaged with possession with the predecessor-in-interest of the respondents on July 22, 1920 for an amount of Rs. 373/-. With the enforcement of the Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1953, the mortgagors became full owners of the land under their tenancy. Thereafter, it was transferred by them to the appellants who filed this suit for its redemption which was contested by the respondents on various grounds but was decreed by the trial Court. On appeal, the learned Additional District Judge, Gurgaon, reversed the judgment and dismissed the suit on the ground that the subject-matter of the mortgage was occupancy rights and as the same were no more in existence no suit for redemption could be filed. This was a wholly perverse view. By the enlargement of the rights in the land in dispute of the mortgagors, the mortgage does not come to an end, though any accretion to the security enures for the benefit of the mortgagees as well. A mortgage though creates a right in the land but basically is only a security for the debt advanced. Once the debtor washes off the debt, the mortgagee ceases to have any interest in the security and it reverts to the former and the latter cannot claim any interest in the security thereafter. It cannot be disputed that the mortgagor or the debtor can pay off the amount of the debt and get the security released at any time within the period of limitation. The learned counsel for the respondents also could not point out any principle of law or decided case which could extinguish the right of redemption in the present circumstances.

(2.) This appeal is consequently allowed, the impugned judgment and decree set aside and that of the trial Court restored with the modification that if the mortgage amount has not been deposited, as directed by the trial Court, the appellants may do so now within one month from today. The appellants shall be entitled to costs of this appeal as well.