KAILASH WATI Vs. GURBACHAN SINGH

JUDGEMENT

(1.) This Regular Second Appeal was admitted on 23.3.1978 which came up for final hearing on August 10, 1990 when Mr. M.L. Sarin, Counsel for the appellant, made a statement to the effect that since the appellant had taken away papers from him he be permitted to withdraw from the case. The request was accepted and it was ordered that actual date notice be issued by the Registry to the appellant. It has now been reported that notice has been issued but the appellant has not cared to put in appearance despite service. The appeal could be dismissed for non-prosecution but keeping in view the fact the appeal was admitted by this Court, I have chosen to examine the contentions raised by the appellant on its merit.

(2.) This is plaintiff's Regular Second Appeal against the judgment and decree of the Additional District Judge whereby the appeal filed by him was dismissed.

(3.) Plaintiff mortgaged with possession the property in dispute vide mortgage deed dated 2.12.1966 in favour of defendants Nos. 1 and 2 for a sum of Rs. 20,000/- pursuance to which vacant possession of shop was delivered to the mortgagees. According to the plaintiff, defendants Nos. 3 and 4 were inducted as tenants by the vendees. So the present suit was filed for possession of the premises by way of redemption on payment of Rs. 20,000/- and for actual possession of the shop after ejecting the defendants.