DALIP SINGH Vs. RAM SINGH

JUDGEMENT

(1.) DALIP Singh mortgagee filed Civil Suit No. 166 of 1976 against Ram Singh and others heirs of Bhana mortgagor for declaration that he has become full owner of the suit land as the time for redemption of mortgage has elapsed, while Ram Singh and another filed Civil Suit No. 123 of 1976 for redemption of land measuring 9 kanals 6 marlas fully described in the head- note of the plaint as entered in the Jamabandi for the year 1970-71 situated in village Dehrka, Tehsil Jagraon, District Ludhiana, on payment of mortgage amount of Rs. 2,700/-. Both the civil suits were decided by the trial Court vide his common judgment and decree, dated September 26, 1978. Civil Suit No. 166 of 1976 filed by Dalip Singh was dismissed, while in Civil Suit No. 123 of 1976, it was held that the defendants shall have the right to take possession of land in dispute on deposit of Rs. 2,700/- which shall be payable to the present plaintiffs and defendants 2 and 3, namely, Jit Singh and Ram Singh in equal shares.

(2.) FEELING aggrieved, Dalip Singh filed two appeals (Civil Appeal No. 625 of 1978 and Civil Appeal No. 628 of 1978). Both the appeals involving the same questions of fact and law were heard together and were dismissed with costs by a common judgment and decree, dated September 10, 1979 by the appellate Court.

(3.) GULAB Singh mortgagee died and mutation of inheritance was sanctioned in favour of his son Bachan Singh share and his grand-sons, Dalip Singh, Jit Singh and Ram Singh, sons of Bhajan Singh.