SUNIL SOOD Vs. NIKHIL JAITWANI

JUDGEMENT

(1.) Smt.Pushpa Devi (since deceased) filed Civil Suit No.225 dtd. 17/7/1984 seeking declaration to the effect that the sale-deeds dtd. 14/6/1976 and 12/1/1977 executed by her in favour of defendants No.1 and 2, namely, Vinod Kumar Jaitwani and Vijay Kumar Jaitwani, respectively, in respect of House No.BXIX-458, Green Park, Civil Lines, Ludhiana (hereinafter to be referred as the "suit property") were for the purpose of security for advancement of loan by defendants No.1 and 2 in favour of defendant No.3 and as such, only created a mortgage in favour of defendants No.1 and 2 for a sum of Rs.95,000.00. Prayer was made in the suit for redemption of the suit property. During the pendency of the suit, Vinod Kumar Jaitwani and Vijay Kumar Jaitwani also filed a suit for possession of the suit property and for recovery of Rs.72,000.00 towards damages for use of occupation of the house for a period of three years i.e. from 11/6/1985 to 10/6/1988. Vide order dtd. 16/7/1990, both the suits were consolidated.

(2.) On 28/2/2011, the trial Court decreed the suit of plaintiff Pushpa Devi (since deceased) and held that the sale deeds dtd. 14/6/1976 and 12/1/1977 in favour of defendants No.1 and 2 were in the nature of security for re-payment of the loan amount advanced by defendants No.1 and 2 to defendant No.3 and would have no effect on the title/ownership of the suit property subject to the plaintiff making a payment of Rs.95,000.00 along with interest @ 12% per annum from 12/1/1977 to defendants No.1 and 2 within a period of three months and failing which suit of the plaintiff would be deemed to be dismissed. The suit filed by Vinod Kumar Jaitwani and Vijay Kumar Jaitwani for possession of the suit property was, however, dismissed.

(3.) Two civil appeals arose from the judgment and decree dtd. 28/2/2011 passed by the trial Court. One appeal was against decree in the suit filed by Pushpa Devi (since deceased) and the second appeal was against dismissal of the suit filed by Vinod Kumar Jaitwani and Vijay Kumar Jaitwani for possession of the suit property. Both the appeals stand decided vide common judgment dtd. 12/2/2014 passed by the learned Additional District Judge, Ludhiana and in terms thereof, civil appeal arising out of Civil Suit No. 225 dtd. 17/7/1984 has been partly allowed and the suit filed by Pushpa Devi (since deceased) has been decreed to the effect that the appellant/ defendants would execute sale-deed of the suit property in favour of Pushpa Devi/her LRs on payment of Rs.95,000.00 along with interest @ 15% per annum with quarterly rests. Accordingly, directions were issued to the respondent/plaintiffs i.e. LRs of Pushpa Devi (since deceased) to deposit amount of Rs.95,000.00 along with upto-date interest @ 15% per annum with quarterly rests within three months from the date of judgment, failing which suit of the plaintiff/respondents was to be dismissed and Civil Suit No.247 of 1998 filed by the appellants seeking possession of the suit property was deemed to have been decreed.