BHAG SINGH Vs. MALKIAT SINGH AND ORS.

JUDGEMENT

(1.) THE defendant appellant has directed this appeal against the judgment and decree dated 6.1.2015 passed by Sh. Karnail Singh, Additional District Judge, Faridkot vide which the appeal preferred by the defendant -appellant against the judgment and decree dated 29.11.2012 passed by Sh. Madan Lal, PCS, Additional Civil Judge (Senior Division), Faridkot was dismissed.

(2.) BRIEFLY stated, Malkiat Singh etc. plaintiffs filed suit for possession by way of redemption of land measuring 100 kanals 10 marlas as fully described in the head note of the plaint. It was alleged that Kundha Singh and Ishar Singh sons of Bagga Singh along with Pohla Singh were co -sharers in the suit property mentioned in the head note of the plaint. After death of Pohla Singh, his wife Maan Kaur became co -sharer in the suit property. The suit property was joint khata. Kundha Singh and Ishar Singh had mortgaged with possession land measuring 124 kanals 3 marlas bearing khasra numbers mentioned in the plaint in favour of Hazara Singh son of Baghel Singh for a consideration of Rs.15,000/ -. Kundha Singh and Ishar Singh were cosharers in the suit property to the extent of share. The mortgage deed was executed on 7.5.1946 for 59 years. Previously, it was in possession of Hazara Singh and now the same was in the possession of defendant. It was agreed that mortgaged land will not be redeemable before expiry of period of 59 years. The mutation of mortgage was sanctioned and land measuring 100 kanals 10 marlas was allotted in lieu of the mortgaged land. Ishar Singh and Kundha Singh were incorporated as mortgagors. Hazara Singh had died 50 years back and his estate/mortgagee rights were inherited by his son Chaghar Singh. Chaghar Singh had also died about 20 years back and his estate/mortgagee rights were inherited by his son Bhag Singh present defendant -appellant. Kundha Singh had died and his estate was inherited by his brother Ishar Singh who became sole owner/mortgagor after death of Kundha Singh being the only legal heir. Mutation of inheritance was sanctioned in favour of Ishar Singh. Ishar Singh had made a gift of his share out of entire land measuring 271 kanals 8 marlas in favour of Jarnail Singh, Harwant Singh and Sampuran Singh sons of Hem Singh vide Gift -deed dated 11.12.1961. The Gift -deed was scribed by Kastur Chand and the same was attested by one Nand Singh and Jarnail Singh and all these above said persons have died. Thus, Jarnail Singh, Harwant Singh and Sampuran Singh became owners of the suit land. Sampuran Singh had died. Mutation No. 2524 was sanctioned on the basis of gift deed dated 11.12.1961. Jarnail Singh son of Hem Singh had effected family settlement of his land in favour of his three sons, namely, Malkiat Singh, Surjit Singh and Gurpreet Singh. Gurpreet Singh has died. Jarnail Singh had suffered a decree in favour of his three sons and mutation was also sanctioned on the basis of decree. Thereafter, Malkiat Singh, Surjit Singh and Gurpreet Singh have been incorporated as co -owners in the suit property. Gurpreet Singh had died and his estate was inherited by his wife Nachhattar Kaur and daughter Kirandeep Kaur and son Jaspreet Singh, who is minor. The plaintiffs have got right to redeem the suit land. Hence, the suit.

(3.) THE plaintiffs filed replication to the written statement denying all the contents of written statement and the stand taken in the plaint was re -iterated.