MOTI Vs. BALLA

JUDGEMENT

(1.) BY this judgment I dispose of one of the oldest appeals of this court.

(2.) THIS is defendants' appeal and has been directed against the judgment and decree dated 30. 8. 1966 passed by the Court of District Judge, Sangrur, Camp at Narnaul, vide which the learned District Judge modified the judgment and decree dated 20. 5. 1964 passed by the Court of Senior Sub Judge, Narnaul and granted a preliminary decree for possession by way of redemption of the property in dispute, including the improvements made by the mortgagors on payment of Rs. 7209. 50 and 2138. 22, total being Rs. 9347. 72 paise and the plaintiffs were given time to deposit the amount by 28. 2. 1967.

(3.) THE suit was contested by defendants Nos. 1, 6 and 8, namely, Moti, Birda and Chiranji, and these defendants admitted that a one storeyed house facing east along with the rooms inside it and the courtyard on the outside of the house were owned by the defendants although the aforesaid property was mortgaged in 1953 Bk. with Girdhari Lal and Ganga Sahai ancestors of the defendants. According to these defendants, there was litigation between the predecessors-in-interest of the parties in the year 1970 Bk. wherein the dispute was settled through arbitration in terms of which the predecessors-in-interest of the defendants paid Rs. 1300/- to the predecessors-in-interest of the plaintiffs and the predecessors-in-interest of the defendants became full owner of the mortgaged property. It is contended that ever since the above settlement, the predecessors in-interest of the defendants and the defendants have been in possession of the property mortgaged openly as owners. The house in question was in dilapidated condition and the defendants made huge repairs and constructed the upper storey and the boundary walls of the outer courtyard and spent a sum of Rs. 10,000/ -. The defendants denied the acknowledgement of the mortgage by Har Sahai, Bakhtawar and Bhuru and pleaded that the suit of the plaintiffs was barred by time and there was no de novo mortgage.