SURINDER SINGH Vs. REKHA & OTHERS

JUDGEMENT

(1.) Allowed as prayed for.

(2.) Plaintiff No.1-Surinder Singh has come up by way of instant second appeal after the plaintiffs (appellant and proforma respondents No.4 to 7) have failed in both the Courts below.

(3.) Plaintiffs filed suit against respondent Nos.1 to 3 as defendants. Plaintiffs' case is that Sher Singh father of the defendants mortgaged the suit land with plaintiffs' father Dhanpat Singh for Rs.7400/- vide mortgage deed dated 10.06.1980 and thereafter mortgaged the suit land with the plaintiffs vide mortgage deed dated 27.05.1982 for Rs.2,500/-. After death of Sher Singh on 12.05.1994, defendants No.1 and 2 filed application for redemption of mortgage before Assistant Collector 1st Grade, Rewari. Vide order dated 18.03.2002, mortgage of the suit land was ordered to be redeemed. Defendants managed report roznamcha Patwari dated 07.06.2002 regarding taking of possession of the suit land although it was only paper transaction. Plaintiffs also alleged that vide order dated 18.03.2002, only first mortgage dated 10.06.1980 was redeemed whereas the second mortgage dated 27.05.1982 still subsists and has not been redeemed. Accordingly, plaintiffs sought declaration that now defendants are estopped from getting the suit land redeemed. Plaintiffs also sought permanent injunction restraining defendants from ejecting the plaintiffs from the suit land forcibly. It was also prayed that if plaintiffs are found to be not in possession of the suit land, then decree for possession be also passed.