MANJIT KAUR Vs. HARBANS LAL

JUDGEMENT

(1.) THIS is defendant's regular second appeal against the judgment and decree of Additional District Judge whereby appeal filed by the plaintiffs was accepted thereby decreeing their suit.

(2.) BRIEFLY put, plaintiffs filed a suit for possession on the ground that vide agreement to mortgage the suit and land dated 20.2.1980, they agreed to mortgage the suit land to one Shri Jhanda Singh defendant and put him in possession as a prospective mortgagee. Mortgage deed was to be subsequently registered on or by 15.6.1981, but the same was not executed nor the balance of the mortgage amount was paid. So, since the limitation for specific performance of the mortgage has expired, plaintiffs claimed possession on the basis of title.

(3.) ON the pleading of the parties a number of issues were framed relating to the execution of agreement to mortgage dated 20.2.1980 as well as whether defendants are in cultivating possession of suit land as tenants of the plaintiffs suit of the plaintiffs was dismissed.