SULAKHAN SINGH Vs. ATMA SINGH

JUDGEMENT

(1.) Unsuccessful plaintiff Sulakhan Singh has filed the present Regular Second Appeal and it has been directed against the judgment and decree dated 25.5.1984 passed by the Court of Additional District Judge, Gurdaspur, who affirmed the judgment and decree dated 11.3.1983 passed by the Court of Additional Senior Sub Judge, Batala, who dismissed the suit of plaintiff appellant for declaration, as prayed for.

(2.) The brief facts of the case are that Shri Sulakhan Singh, plaintiff appellant, filed a suit for declaration to the effect that registered mortgage deed dated 12.6..1961 regarding land measuring 21 Kanals, 17 Marias fully described in the head-note of the plaint, situated in Village Chima Khudi, Tehsil Batala, executed by the plaintiff in favour of the defendants Sohan Singh, Atma Singh, Darshan Singh, Bhajan Singh and Amar Singh, was nuil and void being contrary to law and as a consequential relief suit for possession of the said land or in the alternative suit for possession of the land on the plea that as mortgage money has already been received by the defendants, who enjoy profits of the said land, the mortgage debt has been discharged under the Punjab Agricultural Indebtedness (Relief) Act, 1975 (hereinafter referred to as the Act').

(3.) The case set up by the plaintiff is that land measuring 21 Kanals, 17 Marias fully mentioned in the plaint was mortgaged with the defendants for nine years on .18.5.1961 for a sum of Rs. 2500/-. It is contended that though the period for redemption was fixed as nine years, the defendants took undue advantage of the illiteracy and simplicity of the plaintiff and they colluded with the scribe of mortgage deed and got recorded '90' years in the mortgage deed instead of '9' years. The plaintiff alleged that his liability had already been discharged because the defendant mortgagees had already received 11/2 times the amount of mortgage money.