RAJINDER KUMAR Vs. BAGICHA SINGH

JUDGEMENT

(1.) THE plaintiff is in appeal against the judgment and decree of both the Courts below by which his suit for possession of land measuring 20 kanal 19 marlas has been dismissed. The plaintiff has alleged that the suit land was owned by Bagicha Singh -defendant who mortgaged the same to the plaintiff for Rs. 4 lacs vide registered mortgage deed dated 09.08.2004 and delivered possession. It was agreed that the period of mortgage would be from Sauni 2005 to 10 crops, but thereafter the defendant had forcibly taken the possession and did not give the possession to the plaintiff who had moved an application to the police but to no avail. It is further alleged that the period of mortgage had not expired and the property in dispute has not been redeemed but the defendant has refused to re -deliver the possession of the suit land. Hence, the present suit has been filed for possession.

(2.) IN the written statement, it was alleged that the defendant is the owner of the suit land, but the alleged mortgage by the defendant in favour of the plaintiff was denied.

(3.) The suit of the plaintiff was dismissed by the Trial Court on 03.06.2010 and the said judgment and decree was maintained by the lower Appellate Court on 25.01.2011.