SIRI CHAND Vs. NATHI

JUDGEMENT

(1.) A meaningful challenge to the ratio of the Division Bench judgment in Inder Singh v. Mst. Kishno, (1966) 68 Pun LR 408, has inevitably necessitated this reference to the Full Bench.

(2.) As would be apparent hereinafter, the legal issue falls within a somewhat narrow compass. It, therefore suffices to notice briefly the facts which are directly relevant to the question.

(3.) The plaintiff-respondent Nathi instituted a suit for possession by way of redemption on Oct, 4, 1977 on the ground that the land in dispute had been mortgaged by him with possession with the defendants by an oral mortgage on June 14, 1948 for a sum of Rs. 2,000/- The mutation with regard to this oral transaction was sanctioned later on Sept. 17, 1948. The case of the plaintiff was that he had already paid Rs. 2,000/- to the defendants on or about April 1, 1976, but the latter did not get he revenue entries corrected in his name, hence the suit for a decree of possession by redemption and in the alternative if the payment of Rs. 2,000/- was not proved, a decree for possession by way of redemption o payment of mortgage money. In the said suit, apart from other defendants, Smt. Ram Kali was also impleaded as defendant No. 3.