JASBIR SINGH Vs. SARWAN SINGH

JUDGEMENT

(1.) For the reasons mentioned therein, the application seeking condonation of 105 days delay in refiling the appeal is allowed. The delay of 105 days delay in refiling the appeal is condoned.

(2.) The present appeal has been preferred by the LRs of defendant No.1D (Jasbir Singh) challenging the judgment and decree dtd. 30/1/2018 passed by the Trial Court and judgment and decree dtd. 25/7/2023 passed by the First Appellate Court.

(3.) Brief facts relevant to the present lis are that the plaintiff-respondent Nos.1 to 7 filed a suit for possession by redemption of mortgage. It was averred that that the suit land was originally owned and possessed by plaintiff-respondent No.1 who mortgaged it with possession in favour of the original defendant Tara Singh for a consideration of Rs.8,000.00 vide registered mortgage deed dtd. 20/11/1979 for a period of 18 years starting from Kharif 1980 which has since expired. No interest was agreed to be paid as it was a mortgage with possession and the original defendant Tara Singh was in possession of the suit land and enjoying its fruits. As per the plaint the plaintiff-respondent No.1 vide registered sale deed dtd. 5/5/2009 sold the suit land and other land in favour of plaintiff-respondent Nos.2 to 7 for Rs.13,50,000.00and now the plaintiff-respondent Nos.2 to 7 have become interested in equity of redemption. However, the original defendant Tara Singh was alleging that he has got the suit land on mortgage for a further period of 18 years for a consideration of Rs.15,000.00 vide some alleged mortgage deed dtd. 3/5/1991 which deed is illegal, null and void, against law and against against facts. The period of mortgage has expired and the original defendant Tara Singh was requested many times to receive the amount of Rs.8,000.00 and hand over possession of the suit land after redeeming same but he has refused for the same. Hence, the suit. In the written statement the original defendant Tara Singh raised preliminary objections of the suit being premature, locus standi, suppression of material facts, valuation, cause of action and jurisdiction. On merits it was submitted that the suit land was mortgaged in favour of the original defendant Tara Singh vide mortgage deed dtd. 20/11/1979 for a period of 18 years for a consideration of Rs.8,000.00 and vide mortgage deed dtd. 3/5/1991 the same land was mortgaged for a further period of 18 years for a consideration of Rs.15,000.00. According to the original defendant Tara Singh the fact of both the mortgages was mentioned in the sale deed dtd. 5/5/2009 allegedly executed by plaintiff-respondent No.1 in favour of plaintiff-respondent Nos.2 to 7. According to the original defendant Tara Singh he was coming in possession as a tenant before the mortgage of 20/11/1979 and that the mortgage deed of 3/5/1991 will continue up to Chet 2016. He also set-up a sale deed in favour of his sons. During the pendency of the suit the original defendant Tara Singh died and his legal representatives were impleaded. Some of the impleaded legal representatives filed their written statements. Replications were filed denying the averments made in the written statements and reiterating those made in the plaint.