JASWANT KAUR Vs. HARBHAJAN SINGH

JUDGEMENT

(1.) THE present judgment will dispose of Regular Second Appeals No. 29 of 1991 and 1698 of 2004 as the facts and controversy raised therein are intertwined. The facts are extracted from Regular

(2.) THE Regular Second Appeal No. 29 of 1991 has been filed against the judgment of the learned trial Court dated 17.11.1988 and the judgment of the lower appellate Court dated 17.10.1990.

(3.) THE respondents, who were the defendants in the suit, resisted the suit of the appellant and pleaded that the mortgage had been got redeemed by the mortgagor Shiv Singh (since expired and represented by his legal heirs) on payment of the entire mortgage amount of Rs. 400/- and a receipt was executed on 10.3.1956 by the mortgagee Hari Singh in favour of the respondents. The possession of the appellant on the suit property was denied and rather it was pleaded that the respondents were in continuous possession of the suit property after the redemption of the mortgagee.