JARNAIL SINGH Vs. JAGIR KAUR

JUDGEMENT

(1.) The present appeal directs challenge against consistent findings recorded by the courts whereby suit for possession by way of redemption of land measuring 33 kanal 6 marlas, detailed in head note of the plaint was partly decreed by the trial court to the following effect:-

(2.) The facts relevant for disposal of present appeal are that as per case of the respondents-plaintiffs, land in dispute was owned by Kehar Singh son of Hira Singh. On death of Kehar Singh, his property devolved upon his son Swaran Singh and heirs of his pre-deceased son Gurcharan Singh (plaintiffs-respondents). Swaran Singh died issueless and widowless. His property was inherited by the respondents-plaintiffs being Lrs of Gurcharan Singh. Kehar Singh mortgaged the suit land in favour of Achhar Singh (since deceased) for Rs.21,000.00, vide registered mortgage deed dtd. 21/11/1972. The period of redemption is over and plaintiffs are entitle to get the land redeemed on payment of Rs.21,000.00. The defendant is alleging that sale deed dtd. 18/12/1989 was executed by plaintiffs No. 2 to 4. The alleged sale deed is forged and fabricated. Plaintiffs No. 2 to 4 were minors at the time of alleged execution of sale deed and as such the same is illegal, null and void.

(3.) The appellant (since deceased) now represented by his Lrs filed the written statement raising preliminary objections inter alia that the suit is not maintainable, plaintiffs have no locus standi and cause of action to file the suit; suit is hopelessly time barred; mortgage had merged into ownership by the principle of merger. Achhar Singh purchased half share of suit land from Swaran Singh son of Kehar Singh. After death of Kehar Singh, the defendants purchased half share belonging to heirs of Gurcharan Singh, other son of deceased Kehar Singh. It is further averred that the suit is not properly valued for the purpose of court fee and jurisdiction.