SHANKRI Vs. SOM NATH

JUDGEMENT

(1.) This judgment will dispose of R.S.A. No. 191 of 1977 and R.S.A. No. 192 of 1977 as common question of law is involved in both these appeals.

(2.) The facts of R.S.A. No.192 of 1977 are that the plaintiffs-appellants filed a suit for possession by way of redemption of land measuring 49 Kanals 14 Marias as described in the heading of the plaint. 70 Kanals 10 Marias of land was owned and possessed by Lachhman s/o Chhanga, resident of Kheri, Tehsil Anandpur Sahib. Lachhman mortgaged this land with Pohi Lal son of Ganga Ram, resident of Kiratpur Sahib, for a sum of Rs.9000/- vide mortgage-deed dt.7-5-1921. Effect to this mortgage was given in the revenue record vide mutation No. 332. As per terms and conditions of the mortgage the same was liable to be redeemed on payment of Rs.9000/-. Lachhman, the original mortgagor died and the plaintiff-appellants being his legal heirs succeeded him. Pohi Lal, the original mortgagee also died and he was succeeded by defendants Nos.1 to 4 and Jugal Kishore, his son, who died subsequent to the death of Pohi Lal and was succeeded by the remaining defendants. It was further alleged in the suit that consolidation of holdings took place in the village and for the land mortgaged, new Khasra Numbers were given, the possession of which by redemption of mortgage, the present suit was filed.

(3.) In R.S.A. No. 191 of 1977, the suit was filed on 10-12-1974. The parties locked in litigation in this suit are again the heirs of Lachhman as plaintiffs and the heirs of Pohi Lal as defendants. The facts are, however, different. Land measuring 22 Kanals 8 Marias as described in the plaint was owned and possessed by Lachhman aforesaid, in village Kheri, Police Station Nurpur Bedi. He owed some money to Sawan son of Kura of village Jatewal. Sawan brought a suit against Lachhman for recovery of the amount. During the pendency of that suit, land measuring 7 Kanals bearing Killa No. 1916/1171 was mortgaged with possession for a sum of Rs. 607.8 annas vide order of the Court dt. 8/13-6-1925 by Lachhman with Sadhu son of Rakhu, resident of Lakhno vide registered deed dt. 17-6-1922. Later on, vide registered mortgage deed dt, 30-1-1923 Lachhman mortgaged land measuring 22 Kanals 8 Marias as detailed in the plaint along with Khasra Numbers 1916/1171 and 1172 for a sum of Rs.1000/- with Pohi Lal son of Ganga Ram, resident of Kiratpur Sahib. Pohi Lal mortgagee did not make payment of the amount which subsisted as a charge being mortgage amount of two Khasra numbers payable to Sadhu and Sawan mortgagees. Sawan son of Kura, mortgagee sold his mortgagee rights to Kirpa son of Nihal Chand, of Nurpur Bedi on 4-8-1938 in respect of Khasra No. 1916/1171. Kirpa mortgagee died and was succeeded by his son Bhagat Ram and other heirs. Khasra No. 1916/1171 which was mortgaged with Sawan by Lachhman and the mortgagee rights of which were later transferred by Sawan to Kirpa were got redeemed by Lachhman on 9-6-1947. As Lachhman had already mortgaged this Khasra number including the land detailed in the plaint with Pohi Lal vide mortgage deed dt.30-1-1923, so after its redemption by Lachhman, Pohi Lal brought a suit for possession of this piece of land without payment on the ground that though the same had been got redeemed by Lachhman, still he, as the mortgagee, was entitled to its possession. This suit was decreed in favour of Pohu Lal on 20-10-1948 and thus Pohu Lal entered into possession of the land measuring 22 Kanals 8 Marias as detailed in the heading of the plaint only on payment of Rs.600/-. The plaintiffs being the heirs of Lachhman filed suit against defendants who were the heirs of Pohu Lal for possession by way of redemption of the land measuring 12 Kanals 2 Marias as described in the heading of the plaint and as entered in the Jamabandi for the year 1964-65 situated on village Kheri, Had Bast No. 393, on payment of Rs.600/- or whatever amount of mortgage is proved,in the Court.