MUKHTIAR SINGH Vs. GURMEJ SINGH

JUDGEMENT

(1.) THE defendants have approached this Court through the present regular second appeal. The challenge is to the judgments and decree passed by the learned Courts below whereby the suit of the plaintiff, Gurmej Singh for possession of the suit land by way of redemption has been decreed.

(2.) THE plaintiff filed a suit for possession by way of redemption of land measuring 16 kanals 74 marlas. It was claimed by him that the aforesaid land was mortgaged by him with the defendants on April 21, 1965 for a consideration of Rs. 6,000/-. In the aforesaid mortgage deed the period of mortgage was mentioned as 99 years. It was further stipulated in the mortgage deed that the produce and the interest as per the agreement between the parties would be equal and that the mortgagees would be entitled to effect improvements in the land in dispute and the aforesaid expenditure for improvements would be liable to be recovered by them along with interest at the rate of 1% per month at the time of redemption. The plaintiff claimed that the aforesaid clause as well as the period of redemption of 99 years was clog on the equity of redemption and, as such, was liable to be ignored and as such the plaintiff was entitled to redeem the land. Accordingly, the suit for redemption, as aforesaid, was filed by the plaintiff.

(3.) THE learned trial Court on the basis of the evidence available on the record and on the perusal of the mortgage deed, Ex. D-1, held that the period of 99 years provided in the mortgage deed coupled with the clause for recovery of the amount of improvements along with interest at the rate of 1% per annum was wholly unreasonable, oppressive and unfair and as such constituted a clog on the equity of redemption. On the basis of the aforesaid finding, it was further held that the plaintiff was decreed.