BANWARILAL Vs. PURAN CHAND

JUDGEMENT

(1.) This second appeal has been filed by the plaintiff against the judgment and decree of the Additional District Judge, Gurdaspur dt. 6th May, 1976.

(2.) Briefly the facts are that the plaintiff was the owner of a plot measuring 10 Marias comprised in Khasra No. 391, situated in village Bhumbli. He mortgaged it by three mortgage deeds dt. 18th Sept. 1962 in favour of defendants 1 to 3 for a total sum of Rs. 299.62P. It was inter alia provided in the mortgage deeds that the land would be redeemable within one year failing which the transaction would be considered to be a sale of the property. It was also provided that the mortgagees would be entitled to make construction on the plot and the plaintiff would be entitled to redeem the same on payment of the mortgage money and the cost of construction. The plaintiff instituted a suit for redemption alleging that the stipulation in the mortgage deed turning the transaction of mortgage into sale in case the property was not redeemed within a period of one year was a clog on the equity of redemption.

(3.) The suit was contested by the defendants who pleaded that the said term in the mortgage deed was not a clog on equity of redemption. It is further pleaded that they had raised a construction on the land and, therefore, they were entitled to the cost of construction in case the property was ordered to be redeemed.