RAMESHWAR Vs. RAM GOPAL

JUDGEMENT

(1.) THIS appeal arises out of a suit for possession of a house fully described in the heading of the plaint by way of redemption. That suit was decreed by the Subordinate Judge, Third Class, Sirsa, vide his judgment and decree, dated February 4 , 1978. The Judgment and decree aforesaid were challenged in appeal before the learned Additional District Judge, Sirsa, who vide his judgment and decree, dated August 9, 1979 dismissed the appeal with costs and affirmed the findings of the trial Court.

(2.) DEFENDANTS Rameshwar and Bhagirath have come upto this Court in second appeal.

(3.) ON notice, Girdhari Lal filed admission written statement. The suit was contested by Rameshwar, Bhagirath and Hari Ram by filing a separate written statement, contending that the mortgage was simple one and the possession was never delivered to Girdhari Lal. They pleaded that Rameshwar son of Surja Ram, plaintiff, for himself and for Bansi Dhar had entered into an agreement Exhibit D1 to sell the suit house for Rs. 3800.00 to Rameshwar and Bhagirath sons of Bakshi Ram and had received Rs. 2,000.00 as advance. Bansi Dhar brother of Rameshwar was minor who had half share in the house and it was argued that balance amount of Rs. 1800/would be paid after obtaining the permission of the Guardian Judge, Hissar, for selling the share of Bansi Dhar. The sale was to be completed by October 15, 1969. Vide Exhibit D2, the time of execution of Sale Deed was extended by two months by virtue of which the Sale Deed was to be completed by December 15,1969.