SOHAN SINGH Vs. MURTI RANI

JUDGEMENT

(1.) PLAINTIFF has come up in appeal against the judgment and decree of additional District Judge, Faridkot dated 18-7-1998 whereby judgment and decree in his favour dated 22-7-1996 passed by Additional civil Judge (Sr. Division) Gidderbaha was set aside.

(2.) BRIEFLY stated, the facts of the case are that Ajmer Kaur widow of Kartar Singh son of Hari Singh was the owner of the property measuring 4 marlas 7 sarsai situated at Gidderbaha. She had constructed double story shop measuring 25' x 16' on the area measuring 1 marla 7 sarsai. Vide mortgage deed 7-5-1987, Ajmer Kaur mortgaged with possession, double story shop constructed on 1 marla 7 sarsai to the defendants for a sum of Rs. 40,000/ -.

(3.) THE plaintiff brought the present suit for possession by way of redemption against the defendants in respect of the property mortgaged by Ajmer Kaur vide mortgage deed dated 7-5-1987 alleging therein that by virtue of a Will in his favour executed by ajmer Kaur, the ownership rights in the property in dispute have devolved upon him.