HARBANS LAL Vs. KRISHAN KUMAR SAGGI

JUDGEMENT

(1.) This judgment will dispose of Civil Revision Nos. 45 and 46 of 1981, as both of them arise out of the same order of the Additional Senior Sub Judge, Jullundur dated 22nd December, 1980. Whereby the objection petitions filed on behalf of the petitioners under Order 21 Rule 35 and 36 of the Civil Procedure Code, were dismissed.

(2.) Dina Nath had two sons, Gujjar Mal and Krishan Kumar. Both the sons of Dina Nath, i.e. Gujjar Mal and Krishan Kumar mortgaged the property in dispute in favour of Santosh Kumari wife of Gujjar Mal on 26th September, 1963 for a sum of Rs. 1,000/-. After the mortgage, Santosh Kumari mortgagee rented out the premises to the petitioners Harbans Lal and Babu Lal. In November, 1967, both Gujjar Mal out of the mortgagors and his wife Santosh Kumari mortgagee died in accident and on their death, they were succeeded by their minor daughters Devyani and Priti. On 9th November, 1971, vide Exhibit DH/6, a lease deed was executed of the minors through their guardian Smt. Kanta Saggi, Wife of Krishan in favour of Babu Lal petitioner. Again on 1st June, 1974 another lease deed was executed on behalf of the minors in favour of Harbans Lal. Later on 31st July, 1974 Krishan Kumar filed a suit for redemption of the mortgaged property against the minor daughters of Gujjar Mal through the guardianship of his wife Smt. Kanta Saggi. The said suit was decreed on 16th September, 1974 and the property was ordered, to be redeemed on payment of Rs. 1,000/-. On 12th August, 1975, decree-holder Krishan Kumar sought the execution of the said decree for redemption in which both the tenant-petitioners filed their objections under order 21r rules 35 and 36 of the Civil Procedure Code. The objections filed on behalf of the objector-petitioners were contested and on the pleadings of the parties the Executing Court framed the following issues :-

(3.) Relief.