BRIJ KISHORE Vs. SUMER CHAND

JUDGEMENT

(1.) THE present Regular Second Appeal arises from the judgment and decree dated 28.4.1980 passed by the learned Additional District Judge, Narnaul, vide which the appeal filed by the plaintiff-respondent was accepted and the judgment and decree dated 24.9.1976 passed by the learned trial Court was set aside and the suit filed by the plaintiff-respondents for possession by redemption was decreed on payment of Rs. 3,318/- was allowed.

(2.) BHAWANI Parshad deceased and defendant Nos. 1 to 5 in the suit mortgaged with possession Shop Nos. 984, 985, 987 and stair case No. 986 in lieu of Rs. 10,000/- by a registered-deed with Mool Chand, father of Smt. Misri, defendant No. 14. The mortgage was to be redeemed within 8 years. Mool Chand died and his daughter Smt. Misri sold her mortgagee rights on 16th of December, 1952 in favour of Mohan Lal, defendant No. 15. Defendant Nos. 1 to 13 were sued as either the mortgagors or successors-in-interest of mortgagors. Bhawani Parshad, one of the mortgagors, had three sons out of whom, one was Bhola Shankar alias Nanhe, who died during the life time of Bhawani Parshad and defendant Nos. 1 to 3 are sons of Bhola Shankar. A mutual partition had taken place between Bhawani Parshad and defendant Nos. 1 to 5 on 20th July, 1949 in which shop No. 985 and 1/3rd share of stair-case No. 986 fell to the share of Shiv Shankar, defendant No. 5.

(3.) ON 29th August, 1962 Shiv Shankar, defendant No. 5, sold shop No. 985 along with 1/3rd share in the stair-case No. 986 to Gujar Mal and Balwanti Rai, plaintiffs, by representing that he had deposited his share of mortgage money regarding that shop and the same was free from encumbrances.