AMRIK SINGH Vs. SWARAN SINGH

JUDGEMENT

(1.) This regular second appeal has been preferred against the judgment and decree dated 27.1.2015 passed by the learned Additional District Judge, Amritsar whereby the appeal filed by the plaintiff-appellant against the judgment and decree dated 4.12.2013 passed by the learned Civil Judge, (Junior Division), Baba Bakala, Distt. Amritsar, has been dismissed.

(2.) The plaintiff-appellant filed the suit for declaration to the effect that the sale deed dated 21.9.1999 executed by him in favour of defendant-respondent with respect to the land bearing 4 kanals comprised of Killa No.33/2 Min. situated at village Romana Chak, Tehsil Baba Bakala, Distt. Amritsar is null and void, ab initio as the same was without any consideration and the defendant had failed to comply with the terms and conditions laid down therein. The plaintiffappellant has also sought the consequential relief of permanent injunction restraining the defendant from interfering, dispossessing, mortgaging and creating any charge over the land in dispute.

(3.) As per the case of the plaintiff-appellant, he along with his three sons was owner in possession of the total land bearing 27 kanals 12 marlas detailed and described in the head note of the plaint. On 10.5.1994, the plaintiff mortgaged the entire land vide registered mortgage deed in favour of Jagir Singh and Wassan Singh in consideration of Rs. 1,74,000/- for a period of 8 years. In the meantime, on 21.9.1999, the plaintiff executed the impugned registered sale deed in favour of the defendant for a total sale consideration of Rs. 90,000/- out of which Rs. 6,000/- were paid to him for his domestic use and it was incorporated in the recitals of the sale deed that the defendant shall pay Rs. 84,000/- to the mortgagees, namely, Jagir Singh and Wassan Singh and will get the property in dispute redeemed on or before the date of expiry i.e. May 2002. The defendant lingered on the matter on one pretext or the other and finally, the plaintiff moved an application before the Collector, Baba Bakala in April, 2010 for redemption of whole of the land by depositing of mortgage money of Rs. 1,74,500/- which was allowed and possession of whole of the property was handed over to him. Since then, the plaintiff is owner in possession of whole of the property. The sale deed executed in favour of the defendant does not hold any ground and has no effect on the rights of the plaintiff. Hence, this suit.