SANTOKH SINGH Vs. BANTA SINGH

JUDGEMENT

(1.) This is unsuccessful plaintiffs regular second appeal.

(2.) Plaintiffs have filed a suit for declaration to the effect that the order dated 14.4.1980 passed by the Collector on a redemption application is illegal, wrong and liable to be set aside and that the plaintiffs are entitled to possession of the suit land after redemption and in the alternative claimed relief of possession by way of redemption on payment of Rs. 34,000/ -.

(3.) Briefly put, 5/18 share of land measuring 345 Kanals 11 Marlas equivalent to 96 Kanals of land was mortgaged by one Nand Singh in favour of Sadhu Singh vide a registered mortgage deed dated 7.6.1974 for a sum of Rs. 34,000/ -. Sadhu Singh defendant sold his mortgagee rights in favour of Banta Singh, Darshan Singh and Sukhdev Singh, defendants No. 1 to 3, on 6.12.1976 vide registered deed and put them in possession as mortgagees. Nand Singh sold his land to the plaintiffs vide registered sale deed dated 2.2.1978 and left Rs. 34,000/ - with them for payment to the mortgagees for getting the land redeemed. With a view to seek redemption of the land, plaintiffs filed a petition under the Redemption of Mortgagees Act before the Collector who dismissed the same vide order dated 14.4.1980. It is with a view to get rid of the order of the Collector dated 14.4.1980 that the suit was filed by the plaintiffs.