IQBAL SINGH Vs. BHAGWAN SINGH AND ANR

JUDGEMENT

(1.) Prayer in this petition under Article 227 of the Constitution of India is for setting aside order dated 20.07.2017 (Annexure P4) passed by the learned Additional District Judge, Amritsar whereby the appeal under Order 43 Rule 1(r) of the CPC against order dated 3.2.2016 passed by the learned Civil Judge (Senior Division), Amritsar (Annexure P3) was dismissed.

(2.) Brief facts of the case leading to the filing of the instant revision petition are that the plaintiffs-respondents filed a suit dated 3.6.2013 for recovery of Rs.20 lacs along with interest @ 24% per annum from the date of execution of registered mortgage deed dated 21.08.2006 by defendant-petitioner qua land measuring 15 kanals 1 marla situated at village Meerakot, Tehsil and District Amritsar without delivery of possession of land to the plaintiffsrespondents.

(3.) As per the terms and conditions agreed upon between the parties, mortgaged land was to be redeemed by 19.08.2007 and the defendant-petitioner was to repay amount in question along with interest thereon @ 2% per month i.e. 24% per annum.