ZAIL SINGH Vs. HARJIT SINGH

JUDGEMENT

(1.) This Regular Second Appeal has been preferred by the defendants against whom a suit for redemption of the subject property, described in the head note of the plaint, has been decreed by both the Courts.

(2.) As per the case of the respondent-plaintiffs, their predecessor -Hardial Singh was owner of the subject property which he mortgaged in favour of appellant No.1 vide registered mortgage deed dated 20.11.1978 for a consideration of Rs.40,000/- for a period of 15 years. The possession of the mortgaged property was also handed-over to appellant No.1. Hardial Singh having died and his estate having devolved upon the respondent- plaintiffs, they filed the present suit for redemption of the mortgage. It was also averred that though appellant No.1 had no concern whatsoever with the suit land, he fraudulently got a mutation sanctioned in favour of the appellants on the plea of exchange against some of their property in Uttar Pradesh, though no such exchange was ever effected.

(3.) Controverting the claim of the plaintiff-respondents, the appellants took up the plea that there was an oral exchange of properties between the parties which was accepted by Hardial Singh, predecessor of the respondents and subsequently a memorandum was reduced into writing on 5.8.1986, on the basis of which mutations were sanctioned. The appellants also set up the agreements to sell dated 11.3.1985, 6.2.1985 and 23.12.1985 allegedly executed by Hardial Singh in favour of appellant No.3.