JITO ALIAS AJIT SINGH Vs. SWARAN SINGH

JUDGEMENT

(1.) Jito appellant and Dalip Singh respondent No. 4 were the owners of land measuring 58 kanals, detailed in para 1 of the plaint of each of the three civil suits. Jito appellant mortgaged with possession a part of the aforesaid land measuring 56 kanals with Hazara Singh and others for a consideration of Rs. 10,500.00 vide mortgage deed dated 3-2-1958 Ex.P-4.

(2.) Jito appellant further mortgaged the land mentioned in para 1 of the plaint vide mortgage deed dated 5/09/1960, Ex. P-5, for a consideration of Rs. 13,000.00 in favour of Amarjit Singh and others. Out of this sale consideration, a sum of Rs. 10,500/insert was left with these mortgagees for payment to the mortgagees covered by mortgage deed Ex. P-4. Mortgage deed Ex. P-5 contained a stipulation to the effect that the mortgagor would be entitled to redeem the land after the expiry of ten years.

(3.) On 5-11-1964, Jito appellant again mortgaged three different parcels of land out of the land covered by mortgage deed EX.P-4 in favour of Kripal Singh, Swaran Singh and Balwant Singh plaintiffs in suit No. 86, 87 and 84 of 1975 respectively, in the following manner :- Mortgage deed Mortgagee' name Consideration 1. Ex. P-1 dated 12-11-1964 Kripal Singh Rs. 5,500/- 2. Ex. P-2 dated 13-11-1964 Balwant Singh Rs. 6,000/- 3. Ex. P-3 dated 12-11-1964 Swaran Singh Rs. 6,000/- @@@