GURTEJ SINGH Vs. PARAMJIT SINGH

JUDGEMENT

(1.) While assailing the concurrent findings of fact, arrived at by both the Courts below, while allowing an application for preparation of the final decree, the appellants have filed the present regular second appeal.

(2.) Some facts are required to be noticed. A preliminary decree for redemption of the property, with respect to usufructuary mortgage, was passed in favour of the respondents on 24/12/1968. It was directed that Lal Singh shall pay by 22/3/1969 a sum of Rs.1,185.50 to Kaka Singh with respect to the land measuring 10 kanals and 17 marlas, whereas Hari Singh shall pay an amount of Rs.1,765.50 to Bhajan Singh. The amount was deposited on 19/3/1969. Two first appeals, filed by Lal Singh and Kaka Singh, were dismissed on 11/1/1974. Two regular second appeals, filed in the High Court, were also dismissed on 2/3/1983. The suit filed by the mortgagees for foreclosure was also dismissed on 2/6/2012 which was upheld on 6/7/2013 in the first appeal. An application for passing of final decree was filed by the legal representatives of the original mortgagors on 5/3/2013, which has been allowed on 28/2/2018. The first appeal, filed against the order directing passing of the final decree, has also been dismissed on 10/7/2019.

(3.) Heard the learned counsel representing the parties, at length and with their able assistance, perused the paper-book and the record of the Courts below, which was requisitioned.