PIARA SINGH Vs. BAWA SINGH

JUDGEMENT

(1.) THE plaintiff filed a suit for recovery of possession by way of redemption of land measuring 84 Kanals 13 Marlas comprised in Khasra Nos. 35/19/2(3-12), 20(8-0), 21(8-0), 22/1(2-12), 34/16(7-12), 17(8-0), 24(7-11), 25(7-4), 60/3(7-7), 4(6-16), 5/1(5-3), 5/2(2-4), 59/1(7-7), 34/18 min charda (3-5) as entered in Jamabandi for the year 1983-84 situated is the area of village Fatehabad, Tehsil Tarn Taran, District Amritsar, on payment of Rs. 97,000/- by the plaintiff of Harnam Kaur defendant No. 1. It is stated in the plaint that Piara Singh plaintiff being the owner of 84 Kanals 13 Marlas of land mortgaged with possession of land in dispute with Harnam Kaur, defendant No. 1 for Rs. 36,000/- vide Mortgage Deed dated July 8, 1968, the suit land was redeemable after five years and the mortgagee was entitled to appropriate the unsufruct of the land in lieu of interest. The plaintiff further mortgaged the land with Darshan Singh for Rs. 97,000/- on November 7, 1971 and it was Darshan Singh who had to pay off the previous mortgage amount of Rs. 36,000/- to Harnam Kaur. Darshan Singh did not redeem the mortgage and further sub-mortgaged 32 Kanals out of the entire land for Rs. 36,000/- with Harnam Kaur on April 16, 1973 and thereafter on January 7, 1975 he sub- mortgaged the remaining land of 52 Kanals 13 Marlas for Rs. 61,000/- with Harnam Kaur and thus the land in dispute was mortgaged with Harnam Kaur for a total consideration of Rs. 97,000/-. It is undisputed that Bawa Singh, Pal Singh and Arjan Singh are the sons of Harnam Kaur and they allege to be in possession of the suit land as vendees from Udham Singh and Baldev Singh co- sharers. Defendant Nos. 4 and 6, namely, Jaswant Kaur, Swinder Kaur and Gurmit Kaur are the successors-in-interest of aforesaid Darshan Singh.

(2.) IT is mentioned here that application filed by Piara Singh plaintiff under Section 4 of the Redemption of Mortgages Act for redemption of the mortgage, was dismissed by the Collector, Tarn Taran.

(3.) BAWA Singh, Pal Singh and Arjan Singh, defendants 7, 8 and 9 filed a joint written statement and inter alia stated therein that they had purchased a share in the joint khata from Baldev Singh and Udham Singh sons of Charan Singh, vide Registered Sale Deed dated June 29, 1971; and that they were in possession of the whole of the land as co-sharers and could not be dispossessed without partition of the joint khata. They specifically denied that they were in possession of the land in dispute under their mother Harnam Kaur. They further pleaded that if they are not held in possession as co-sharers, then they are in possession as tenants under the plaintiff. They, thus, prayed for dismissal of the suit of the plaintiff.