KHEM CHAND Vs. LAXMI CHAND

JUDGEMENT

(1.) UNSUCCESSFUL plaintiffs have filed the present appeal and it has been directed against the judgment and decree dated 19. 5. 1984 passed by the Court of District Judge, Sonepat, who accepted the appeal of the defendants-respondents and set aside the judgment and decree dated 28. 5. 1983 passed by the Court of Senior Sub Judge, Sonepat, decreeing the suit of the plaintiffs.

(2.) BRIEF facts of the case are that the plaintiffs-appellants filed a suit for possession by way of redemption of the mortgage on the ground that their father Mathura mortgaged the suit land in favour of Munshi Ram, Net Ram, Ram Chander and Mool Chand for a sum of Rs. 475/- with possession on 25. 7. 1932. It was stipulated that the produce of the land shall be equivalent to the interest on the mortgage amount. It was further stipulated that the mortgagor shall not be competent to get the mortgage redeemed upto 25 years from the date of the mortgage. It was also one of the clauses of the mortgage deed that at the time of redemption the mortgagee shall remove all structures from the mortgaged land and shall not be entitled to claim any compensation for the same and shall hand over the vacant possession of the mortgaged site to the mortgagors. It is further alleged that the mortgagees Sarvshri Net Ram and Ram Chander had expired issueless. Defendant No. 1 Mool Chand is one of the mortgagees and defendants Nos. 2 and 3 are the heirs of Munshi mortgagee. It is further alleged that all efforts have been made to persuade the defendants to vacate the possession of the mortgage land and remove the construction thereupon after accepting the mortgage money as the stipulated period of 25 years had already elapsed, but to no effect. Hence the suit.

(3.) THE plaintiffs filed replication to the written statement in which they reiterated their allegations made in the plaint by denying those of the written statement and from the above pleadings of the parties and trial court framed the following issues: