BAKHSISH SINGH Vs. RESHAM SINGH

JUDGEMENT

(1.) This is plaintiffs' second Appeal whose suit for declaration and redemption has been dismissed by both the Courts below.

(2.) The plaintiffs filed the suit seeking declaration that they were entitled to redeem land measuring 81 kanals 17 marlas on payment of Rs. 1000/- or such amount as the Court may hold to be the mortgage amount on the allegations that Resham Kaur widow of Mool Singh was the owner of the suit land. She mortgaged the same in favour of Resham Singh some where in the year 1943. Thereafter Resham Kaur and Resham Singh migrated to India and in lieu of the aforesaid land the suit land was allotted. Resham Kaur died leaving behind her daughter Karam Kaur. Bakhshish Singh and Narinder Singh plaintiffs are sons of Karam Kaur. Resham Kaur deceased had made a will on 12th of December, 1965 regarding her estate in favour of Bakhshish Singh and Narinder Singh plaintiffs. Even if the will was not proved Karam Kaur was her legal heir. According to the plaintiffs the mortgage money was Rs. 1000/- and they moved the Collector for redemption wherein Sunder Mal defendant No. 2 pleaded that Resham Singh had agreed to transfer his mortgagee rights for Rs. 5,000/- through an agreement dated 8th of July, 1964 and Mohinder Kaur defendant No. 3 pleaded that Mool Singh had made a will reciting therein that after the death of Resham Kaur the estate will devolve upon her. The learned Collector referred the parties to the Civil Court considering the intricate question of law involved and thereupon the plaintiff filed the present suit, on 2nd of July, 1968. The suit was contested by Resham Singh, Sunder Mal and Mohinder Kaur through their separate written statements. According to Resham Singh defendant, Mool Singh in the year 1897 had mortgaged the land in favour of Surain Singh for Rs. 13,000/-. The right of the plaintiffs to claim redemption was challenged.

(3.) Sunder Mal defendant No. 2 set up the bar of limitation and pleaded that Resham Singh had agreed to transfer his mortgagee rights for Rs. 5,000/- through an agreement dated 11th of July, 1964 Exhibit D.1.