TEK RAM AND ANOTHER Vs. JAGBIR AND OTHERS

JUDGEMENT

(1.) Defendants having lost in both the Courts below are in second appeal.

(2.) Respondents/plaintiffs filed suit against defendants/appellants alleging that the defendants mortgaged the suit land measuring 20 Kanals in favour of Ram Kishan (since deceased), predecessor and father of the plaintiffs, vide mortgage deed dated 16.7.2001 for mortgage amount of Rs.4 lacs. Possession of the suit land was given to the mortgagee. The mortgage could be redeemed within one year failing which it would amount to sale of the suit land to the mortgagee. The defendants failed to pay the mortgage money within the stipulated period of one year and even after service of notice dated 10.2.2003 on the defendants by registered post. Thereupon plaintiffs filed petition in the Court of District Judge, Sonepat under Section 8 of the Bengal Land (Conditional Sales) Regulations, 1798 ( in short the 'Act'). Defendants were thereupon required to pay the mortgage money within one year. However, the defendants did not pay the same. The said petition was disposed of vide order dated 6.8.2004. Consequently, the plaintiffs sought declaration that they have become owners of the suit land and that right of defendants to redeem the mortgage thereof, stands extinguished by foreclosure under the Act.

(3.) The defendants pleaded that the mortgage money was Rs.1,50,000/-. Terms of the mortgage were also disputed. Receipt of notice of the plaintiffs was denied. It was alleged that the defendants requested the plaintiffs to accept the mortgage money of Rs.1,50,000/- but they refused. It was also pleaded that the suit is premature because limitation period of 30 years for redemption of mortgage has not expired.