GURSEWAK SINGH Vs. RAM CHAND

JUDGEMENT

(1.) THIS judgment will dispose of letters patent appeals No. 739 and 740 of 1984 as in both these appeals common questions of law and fact are involved. The question raised in both these appeals to be answered is wether a trespasser or a person claiming to be a tenant of the mortgagor is a necessary or proper party in a suit for redemption.

(2.) SUCCINCTLY, the material facts to answer the question are :- The appellants filed a suit for possession by redemption of the land in dispute. The mortgagee took possession of the land in dispute and leased it out to the mortgagor Bhagwan Singh at Rs. 700/- per annum. The mortgagor gifted his land to the plaintiffs. The plaintiffs arrayed respondents Nos. 5 to 13 as defendants in his suit for possession inter-alia, contending that they are in physical possession of the land in dispute claiming to be the sub tenants of Bhagwan Singh though their possession was unlawful. In the alternative it was pleaded that even if they had any interest in the mortgaged land as sub tenants, the interest ceased with the redemption.

(3.) IN their defence, the mortgagees admitted the mortgage. Various objections were taken by them in their written statement which are not relevant for dealing with the issue in hand. Defendants Nos. 5 to 13 who were alleged to be trespassers, claimed to have come into possession of the land in dispute as non-occupancy tenants since the last many generations, even prior to the creation of the mortgage. The maintainability of the suit was challenged on the ground of misjoinder of parties.