GORA Vs. BIR BHAN SINGH AND OTHERS

JUDGEMENT

(1.) Gora Singh filed a suit for possession by redemption. Allegations in the plaint were that defendant No. 2 was the mortgagor of the property in suit and that it was mortgaged with defendant No. 1 for Rs. 1,500/-. The equity of redemption was purchased by the plaintiff in a Court auction. After the plaintiff had purchased the equity of redemption, defendant No. 2 further mortgaged the property in favour of defendant No. 3. Later on, the property was sold by defendant No. 2 in favour of defendant No. 3. Defendant No. 3 then sold the same to defendant No. 4. On these facts it was contended by the plaintiff that the transactions of the mortgagee and the sales firstly, in favour of defendant No. 3 by defendant No. 2 and then in favour of the defendant No. 4 by defendant No. 3, were illegal and void, and, being ineffective against the rights of the plaintiff, were not binding on him in any way. He further stated that he had a right to the possession of the property by redemption of the original mortgage in favour of defendant No. 1. A prayer was, consequently, made that a decree for possession of the suit property on payment equently, made that a passed in favour of the plaintiff and against the defendants.

(2.) The suit was contested and a number of issues were framed. The following issues were, however, treated by the trial Court as preliminary issues :-

(3.) On issue No. 1, the finding of the trial Court was that the suit for possession by redemption could not be decreed unless the plaintiffs claimed a declaration that the subsequent mortgage and sales in favour of defendant Nos. 3 and 4 be set aside. The suit was held to be not maintainable in the present form. No decision was, however, given on issue No. 4. Another order was recorded on the same date, which reads as follows :-