DHIR SINGH Vs. AJIT SINGH

JUDGEMENT

(1.) THE defendants are in second appeal aggrieved against the judgment and decree passed by the courts below whereby suit for possession by way of redemption of land measuring 21 kanals 7 marlas was decreed.

(2.) ONE Inder Singh was owner of agricultural land measure 21 kanals 7 marlas which was mortgaged with defendant Nos. 1 to 5 for a consideration of Rs. 3,000/- vide mortgage deed dated 7.7.1966. After the death of Inder Singh, the land was inherited by his three sons, namely, Niranjan Singh, Jarnail Singh and Balwant Singh and three daughters, namely, Mano, Gango and Charno in equal shares. The plaintiffs purchased the land measuring 5 kanals 10 marlas vide sale deed dated 26.11.1976 from Mano and Charno. Land measuring 2 kanals 10 marlas purchased by the plaintiffs vide sale-deed dated 14.12.1976 from Gango. Niranjan Singh sold land measuring 4 kanals vide sale-deed dated 6.1.1978 to plaintiff No. 2. A sum of Rs. 1,000/- in respect of first sale and Rs. 500/- each in respect of second and third sale was kept by the vendee towards the payment of mortgage amount. Thus, the plaintiffs purchased 12 kanals out of mortgaged land and filed suit for possession by way of redemption after payment of the entire mortgage amount of Rs. 3,000/-.

(3.) THE following issues were framed by the trial Court out of the pleadings of the parties :-