SUBA SINGH Vs. RAM PAL

JUDGEMENT

(1.) C.M. No. 4073-C-2018 For the reasons mentioned in the application, delay of 232 days in re-filing of the appeal is hereby condoned. The application stands disposed of accordingly. R.S.A. No. 1534-2018

(2.) This regular second appeal is directed against the concurrent findings of facts recorded by both the Courts below whereby the suit of the plaintiff-respondent (herein after to be referred as 'the respondent') for recovery of mortgage money was decreed.

(3.) Brief facts of the case are that the plaintiff filed a suit for recovery of mortgage money and interest thereon by way of foreclosure of mortgage averring that the defendant was owner in possession of agricultural land measuring 8 kanals fully detailed and described in para No. 1 of the plaint, situated in village Taranwali, Tehsil Guhla, District Kaithal. Defendant mortgaged the suit land without possession with plaintiff for consideration of Rs.1,25,000/- vide registered mortgage deed dated 12.02.2008 and agreed to pay the mortgage money along with interest thereon at the rate of 1.5% per month from the date of mortgage till redemption. After executing the mortgage deed in plaintiff's favour, defendant executed another mortgage deed of the same land in favour of HGB, Agond, fraudulently and illegally with malafide intention. Defendant failed to pay the mortgage money and interest thereon.