GURBAX SINGH (DIED) THROUGH LRS. Vs. KARNAIL SINGH

JUDGEMENT

(1.) THE defendant is in second appeal aggrieved against the judgment and decree passed by the Court whereby suit for possession by way of redemption of House No. 100/3 situated in Ucha Vehra Nalla Road, Patiala measuring 121 square yard, was decreed.

(2.) THE Plaintiff sought such decree alleging in the plaint that he is owner of the aforesaid house and on 1.10.1982, he mortgaged the same with the defendant for a consideration of Rs. 2,000/ -. An agreement in this respect was executed between the parties. On 18.7.1988, the plaintiff repaid Rs. 1,000/ - out of the mortgage sum against a receipt executed and signed by the defendant and on 26.6.1990, another sum of Rs. 500/ - was repaid to the defendant out of the mortgagee sum against receipt executed. Thus the plaintiff sought that the property be redeemed on payment of balance amount of Rs. 500/ - as mortgage sum.

(3.) ON the basis of pleadings of the parties, the following issues were framed: