NAND SINGH Vs. MULA SINGH

JUDGEMENT

(1.) NAND Singh and Dr. Thakar Singh filed a suit for recovery of possession of shop-cum-vacant site and ahata situated in the Main Bazar of Moga town, against 14 defendants. Besides claiming possession of the suit land, the plaintiffs also sought recovery of a sum of Rs. 8400/- from the defendants on account of damages. Besides the aforesaid damages, the plaintiffs claimed a further sum of Rs. 500/- as damages from defendant Nos. 1 and 2. The suit property was fully described in the site plan attached to the plaint. The sequence of facts narrated in the pleadings as well as the evidence read out during the course of arguments reveal that the plaintiffs had mortgaged the suit property to Suba Singh and Saudagar Singh, defendant Nos. 1 and 2, for a sum of Rs. 26,000/-, vide registered mortgage deed dated 9.3.1942. After taking an additional amount of Rs. 3000/- from the aforesaid Suba Singh and Saudagar Singh, the plaintiffs executed an additional registered mortgage deed dated 3.3.1943.

(2.) ON 25.8.1969, the plaintiffs redeemed the mortgaged property by depositing a sum of Rs. 29,000/-. The factum of redemption of the mortgaged property by the plaintiffs Nand Singh and Dr. Thakar Singh was not disputed by respondent Nos. 1 and 2.

(3.) PLAINTIFF No. 1, Nand Singh, died during the pendency of the suit. His legal representatives were impleaded as plaintiffs Nos. 1-A to 1-F. Likewise, defendant No. 10, Durga Dass, died during the pendency of the suit. He was substituted by his legal heirs; who were impleaded as defendant Nos. 10-A to 10-C.