RAKESH KUMAR Vs. HEMLATA

JUDGEMENT

(1.) Briefly stated the facts of the case are that one Bhagwati Parshad (respondent Nos. 1 to 5 are his legal heirs) had filed a suit against the defendant-appellant for possession by way of redemption on the ground that shop in question was mortgaged with possession with the appellant vide mortgage deed bearing document No. 627 dated 22.5.1985 registered in the office of Sub Registrar, Ballabgarh for a consideration of Rs. 3000/- and that he was now ready to get the mortgage redeemed by paying the sum of Rs. 3000/ to the appellant. This amount was offered to the appellant, but he refused to accept the same and this led to the filing of the suit. The appellant resisted the suit and pleaded that it was not a mortgage, but he was a tenant on the premises in question and had been paying a rent of Rs. 200/- per month.

(2.) On the pleadings of the parties, the trial Court framed as many as four issues, out of which relevant would be issue No. 1 which is reproduced below: 1. Whether plaintiff is entitled to possession of the shop in dispute by way of redemption on depositing a sum of Rs. 3000/-? OPP

(3.) During the pendency of the suit, the said Bhagwati Parshad died and his legal heirs were brought on record, who are respondents in the present appeal.