MAM CHAND Vs. DHARAMBIR AND OTHERS

JUDGEMENT

(1.) The present appeal directs challenge against the judgment and decree dated 17.4.2013 passed by the Additional District Judge, Gurgaon whereby judgment and decree dated 17.9.2012 passed by the trial court dismissing suit of the respondents/plaintiffs was reversed and the respondents/plaintiffs are held to be owner in possession of suit property, entries showing half share of suit land under mortgage with Man Kaur or her successors in interest are wrong and illegal, hence liable to be corrected accordingly.

(2.) As per case set up by the respondents/plaintiffs that revenue entries in favour of Mam Chand continued from date of purchase till the suit land came in the name of plaintiffs showing them to be owner in possession of Rect. No. 81, killa No. 1/2(4-0) in the name of Dharambir and killa No. 1/1 (4-0) in the name of Dharamraj but wrongly showing mortgage of 1/2 share of land in favour of Man Kaur and after her death in the mane of Sohan Dei. The land stood redeemed before purchase vide sale deed dated 19.12.1957 for a sum of Rs. 1600/- from one Har Chand son of Gangan vide mutation No. 956 sanctioned on 17.4.1958. It is further averred that 1/2 share of said land under mortgage was got redeemed on 4.11.1957 and entries in this regard were effected on 3.4.1958. However, even after of the land in dispute was redeemed on 4.11.1957, no entry in this regard came on record and the plaintiffs prayed for correction of entries accordingly.

(3.) The defendant (since deceased) represented by her legal representatives including the appellant filed the written statement and denied ownership and possession of respondents/plaintiffs over the suit land with the averments that land in question is still under mortgage and none of the plaintiffs or their predecessor in interest ever got the land redeemed. As land was not got redeemed within the prescribed period and as such plaintiffs have lost their right of redemption. She claimed ownership and possession of the suit property and prayed for dismissal of the suit.