HARDEEP KAUR Vs. RAMESH KUMAR

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree dated 23.03.2011 passed by learned Additional Civil Judge (Senior Division), Guhla, whereby the suit for recovery filed by the respondent/plaintiff has been decreed as well as against the judgment and decree dated 21.08.2013 passed by learned Additional District Judge, Kaithal, whereby the appeal filed by the appellants/defendants against the judgment and decree passed by the Court of first instance, has also been dismissed. For convenience sake, reference to parties is being made as per their status in the civil suit.

(2.) THE detailed facts of the case are already recapitulated in the judgments of the Courts below and are not required to be reproduced. However, the facts relevant for disposal of this second appeal are to the effect that plaintiff filed a suit seeking decree for recovery of Rs. 1,35,000/ - along with pendente lite and future interest at the rate of 18% per annum from 16.06.2007 till its realization on the ground that the defendants are owners of land mentioned in para No. 1 of the plaint and they had mortgaged the said land with possession of specific numbers of land comprised in rect. No. 78 killa No. 1 to 3, rect. No. 79 killa No. 4, 5 along with all rights for a sum of Rs. 1,35,000/ - in favour of the plaintiff vide duly executed and attested mortgage deed No. 926/1 dated 27.06.1995. The Defendants received the said amount in cash from the plaintiff. It was settled that the defendants/mortgagor can get the land redeemed after making payment of total mortgage amount. However, they failed to pay the amount of mortgage money and dispossessed the plaintiff forcibly after harvesting the wheat crop of 2007 and breached the terms of mortgage deed. The defendants despite repeated requests did not return the possession of the mortgaged land nor paid the mortgage money. Hence the suit.

(3.) COURT of first instance, on perusal of pleadings of the parties, framed following issues: -