SANWAL (SINCE DIED) Vs. PARTAP SINGH AND OTHERS

JUDGEMENT

(1.) 03 bighas and 08 biswas of agricultural land, comprised in Khasra No.511/2(1-2), 512(1-8), 513 (0-11), 531 (0-17), (hereinafter referred as 'the suit property'), situated in the revenue estate of village Mamyan, was mortgaged by Sobha Singh son of Shakti, predecessor-in-interest of Sanwal, the defendant, before the trial Court and appellant herein, in favour of Indraj, predecessor-ininterest of Partap Singh etc., plaintiffs before the trial Court and respondents in this appeal, by way of a registered mortgage deed dated 27.04.1937 for a consideration of Rs.160/-. Possession of the suit property was delivered and mutation No.848 (Exhibit P/3) was also sanctioned in this regard on 06.06.1937. However, vide mutation No.1507 (Exhibit P/4) sanctioned on 19.01.1979, the mortgage was shown to have been redeemed.

(2.) The plaintiffs-respondents approached the court of Sub Judge, 1st Class, Jhajjar, (hereinafter referred as 'the trial Court') for grant of a decree of declaration that they had become owners in possession of the suit property, and mutation No.1507 dated 19.01.1979 was illegal, void and not binding upon them, as also for grant of a decree of permanent injunction to restrain the defendant -appellant from interfering in their peaceful possession over the suit property. It was alleged that mutation No.1507 (Exhibit P/4) was wrongly sanctioned because the mortgage was never redeemed and the plaintiffs-respondents were not present at the time of sanction of this mutation.

(3.) The defendant-appellant contested the suit on the plea that the mortgage stood redeemed and mutation No.1507 was rightly sanctioned in his favour.