LAWS(P&H)-1992-3-148

OM PARKASH Vs. VED PARKASH AND OTHERS

Decided On March 03, 1992
OM PARKASH Appellant
V/S
Ved Parkash And Others Respondents

JUDGEMENT

(1.) This judgment disposes of Regular Second Appeals No. 890 to 893 of 1979 since common question of law and fact arise for determination therein. These appeals arc directed against the judgment and decree of the first appellate Court affirming on appeal those of the trial Judge. A preliminary decree for redemption of the suit property was passed in favour of the plaintiff-Bahu Ram, predecessor in interest of respondents No. 1 to 3.

(2.) Reference to the relevant facts for appreciating the submissions has been made from the pleadings in Civil Suit No. 237 of 1974 (giving rise to R.S.A. No. 890 of 1979).

(3.) Bhagwan Dass and Durga Dass sons of Tara Chand were owners-in- possession of certain properties in equal shares situated at Mukerian; that Bhagwan Dass mortgaged with possession his 1/2 share in agricultural land as well as shops to Durga Dass, predecessor-in-interest of defendant No.1/appellant vide registered mortgage deeds dated July 1, 1929, June 6,1929, Jan. 27,1928 and April 26, 1927, Exhibits P-1, P-2/A and P-3, respectively, for Rs. 8,000.00 that Babu Ram, one of the sons of Bhagwan Dass mortgagor , predecessor-in-interest of respondents No. 1 to 3 (hereinafter to be referred to as the plaintiff) filed four suits for redemption of the mortgages.