MOHINDER KAUR Vs. LAKHA SINGH

JUDGEMENT

(1.) Challenge in the present appeal is to the impugned judgments and decrees of both the Courts below, whereby, the suit seeking redemption of the mortgage deed dated 17.12.1966 by the successor-in-interest of the mortgagors, namely, Buta Singh and Santa Singh (since deceased), has been dismissed.

(2.) It would be apt to give preface of the facts.

(3.) Buta Singh and Santa Singh sons of Alla Singh being owners of land measuring 182 kanals 11 marlas, executed a registered mortgage deed dated 17.12.1966, Ex.P3, for a period of 80 years, in favour of Saudagar Singh (since deceased), being represented through LRs, regarding the aforesaid land for a consideration of Rs. 15,000/-. As per the terms and conditions of the mortgage deed, a sum of Rs. 9500/- was paid before the Sub Registrar and sum of Rs. 3,000/- + Rs. 2,000/- was to be paid by the mortgagee to Niranjan Singh and Darshan Singh respectively, towards re-payment of loan of the mortgagor and the remaining amount, i.e., Rs. 500/- had been received by the mortgagee from mortgagor. The mortgage deed envisaged that income from the mortgaged land will be considered as equal to interest of amount of Rs. 8000/- out of mortgage amount and on balance mortgage amount of Rs. 7000/-, mortgagor will pay interest at the rate of 1 percent per month.