AJINDER PAL SINGH VIRK Vs. SUDARSHAN KUMAR

JUDGEMENT

(1.) THE respondent-plaintiff filed a suit for possession by way of redemption. Case of the plaintiff is that he received a sum of Rs. 5,000/- as an earnest money under an agreement dated 24.9.1980 for mortgaging the suit property and possession was handed over to the defendant. Mortgage deed was not executed. He filed eviction application, wherein the defendant took the stand that he was a mortgagee under the said agreement. Eviction suit was dismissed on a finding that the defendant was a mortgagee.

(2.) THE defendant contested the suit denying the title of the plaintiff and also denying the mortgage.

(3.) APPEAL against the decree of the trial Court has been dismissed. Hence this appeal.