HUKMI Vs. BHARAT SINGH

JUDGEMENT

(1.) THIS is defendants' second appeal and has been directed against the judgment and decree dated 10. 2. 1981 passed by the Court of District Judge, Rohtak, who affirmed the judgment and decree dated 15. 12. 1976 passed by the Court of Senior Sub Judge, Sonepat, who decreed the suit of the plaintiffs respondents for possession by way of redemption of the suit property.

(2.) THE pleadings of the parties can be described as follows:

(3.) NOTICE of the suit was given to the defendants, Defendants Nose 1 to 7 contested the suit and took the stand that the plaintiffs had no right or interest in the property because the mortgage had been foreclosed and that there does not exist any relationship of mortgagor and mortgagee between the plaintiffs and the contesting defendants. It was, however, admitted by these defendants that Smt. Bhagwani defendant No. 8 executed a gift of her 1/3rd share in the disputed property in favour of defendants Nos. 11 to 14, However, the gift executed by defendants Nos. 11 to 14 in favour of the plaintiffs and defendant No. 15 was denied. It was averred that mortgage deed dated 30. 12. 1966 was a conditional mortgage and it was stipulated that if the mortgagors did not pay the mortgage amount within one year from the date, of the mortgage, the property would be deemed to have been sold for the same amount. Since the mortgagors did not pay the amount within the stipulated period and thereafter necessary proceedings under Bengal Regulation, No. XVII of 1806 were taken by the mortgagees for getting the right of redemption extinguished and for foreclosing the mortgage. It was also pleaded that the mortgage had since been foreclosed, therefore, the plaintiffs had no locus standi to call for the redemption of the properties.