AJIT SINGH Vs. MOHINDER SINGH

JUDGEMENT

(1.) This judgment shall dispose of R.F.A. No. 1212 of 1978 and R.F.A. No. 712 of 1979 as the facts of both the cases are identical except the amount of mortgage. Facts are being taken from R.F.A. No. 1212 of 1978 which are follows :

(2.) This is a Plaintiff appeal. Mela Ram son of Gonda Ram of village Bhuno was the real uncle of defendants Nos. 2 to 7, 9 and 10. He was owner of 23 kanals 5 marlas of land. He mortgaged the same with Kabul Singh, husband of Chanan Kaur and father of other plaintiff-appellants as per simple mortgage deed dated August 26, 1966 for a sum of Rs. 13000/- (in R.F.A. No 712 of 1979, the mortgage amount is Rs. 12000/-). Since it was a simple mortgage, the possession of the land was to remain with Mela Ram and he was to pay interest on the mortgage amount of Rs. 13000/- @ 12% per annum. Interest was to be paid yearly in the month of Jeth. The land could be redeemed on payment of entire mortgage money together with interest due till the date of payment. Further stipulated condition was that in case of default of payment of interest for any one year, the mortgagee was entitled to have possession of the land in dispute, in consideration of the principal and interest due till the date of possession. Vide sale deed dated July 10, 1970 Mela Ram transferred the property to Mohinder Singh, defendant No. 1. Mela Ram died issueless and with no wife and defendant Nos. 2 to 10 are his heirs being the sons, widow and daughters of his brother Ram Singh. Sale in favour of Mohinder Singh, defendant No. 1 was for a sum of Rs. 65000/-. A sum of Rs. 13000/- was kept with him which he was required to pay either to Kabul Singh or his legal representatives to redeem the mortgage. Kabul Singh died and plaintiff Nos. 1 to 5 are his sons; plaintiff No. 6 his widow and plaintiff Nos. 7 to 9 his daughters.

(3.) Plaintiffs filed the present suit on the allegations that out of the principal mortgage amount of Rs. 13000/and the interest due thereon only a sum of Rs. 1000/- had been paid. It was claimed that a sum of Rs. 13000/as principal and Rs. 9538.30 as interest at the rate of 7.5% per annum was due to the plaintiffs. Total of these two amounts comes to Rs. 22538.30; that defendants had breached the terms of mortgage as they had failed to pay the amount of interest in the month of Jeth every year. Plaintiffs claimed possession of 23 kanals 5 marlas of land which was under mortgage. In the alternative, a decree for Rs. 22538.30 was prayed for.