NARESH KUMAR Vs. GIRDHARI LAL AND ORS.

JUDGEMENT

(1.) Defendant No. 2 is in second appeal against the judgment and decree dated 03.08.2015 passed by Additional District Judge, Faridabad, whereby judgment and decree dated 30.01.2015 passed by Civil Judge (Junior Division), Faridabad was upheld.

(2.) Plaintiff Girdhari Lal filed suit for possession by way of redemption of property marked as 'ABCDEF' as shown in red colour in the site plan on the ground that he mortgaged part of the shop marked by letters 'ABCDEF' with defendant No. 1 for consideration of Rs. 5,000/ - vide registered mortgage deed dated 13.02.1979. He received a sum of Rs. 1,000/ - in advance and remaining amount of Rs. 4,000/ - was received before the Sub -Registrar, Ballabgarh. Possession was delivered to the mortgagee/defendant No. 1, who occupied the same.

(3.) Plaintiff further alleged that as per the mortgage deed, it was agreed between the mortgagor and mortgagee that the mortgage can be redeemed at any time. It was decided between them that the rent obtained from the property and the interest of the mortgage amount shall be the same and, therefore, mortgage can be redeemed on payment of mortgage amount only.