RATTAN CHAND Vs. INDER SINGH

JUDGEMENT

(1.) THE plaintiff-respondent Inder Singh son of Nanak Chand son of Khushal Chand filed the suit for possession by way of redemption of the land measuring 18 kanals 16-1/2 marlas, i.e., half share in the total land measuring 37 kanals 13 marlas comprised in the rectangle numbers and khasra numbers spelt out in the heading of the plaint, as shown in the jamabandi for the year 1972-73 situated in village Ramdas, Tehsil Anjala, District Amritsar.

(2.) THE relationship between the plaintiff-respondent and the defendant- appellant can be well understood in noticing the pedgree table which has been culled out by the trial court in its judgment which, reads as under:-

(3.) THE claim of the plaintiff-respondent has been contested by the defendant- appellant and the stand taken is that the suit for possession by way of redemption is not maintainable in the present form as the relationship of mortgager and mortgagee does not exist between the parties and that the plaintiff has neither the locus-standi nor any cause of action for filing the present suit as no cause of action has arisen in favour/against the plaintiff. It is further the stand that in compliance of the order of the competent authority, the amount had been deposited by the defendant-appellant and that the land stood redeemed in his favour. It is further averred that upon depositing the amount, he acquired the absolute ownership of the land. It is also the plea that the suit is barred by time. Upon the pleadings of the parties, the issues had been framed and that the documentary as well as ocular evidence has been led by both the parties in support of their pleas and also to prove the issues, the onus of which had been casted upon them, before the trial court. Upon the findings of the respective issues, the suit filed by the plaintiff-respondent had been dismissed by the trial court vide judgment and decree dated February 12, 1980.