JAI BHAGWAN AND OTHERS Vs. DHARMINDER AND OTHERS

JUDGEMENT

(1.) The appellant-plaintiff is aggrieved of the judgment and decree rendered by the lower Appellate Court whereby the suit seeking possession by way of redemption of the mortgage has been dismissed, in essence, judgment and decree of the trial Court whereby the aforementioned suit was decreed, has been set aside.

(2.) The appellant-plaintiff instituted the suit bearing No.276 dated 29.1.2003 claiming redemption of the suit property comprised in Khewat No.71/70, Khata No.102, Land No.5//10 (7-11), 12//12(8-0) measuring 15 kanals 11 marlas situated in revenue estate of Village Chhanauli, Tehsil Kharkhoda, District Sonipat, which was mortgaged by forefathers of plaintiffs to the defendants by way of oral mortgage with possession. Details of the same are given as under:-

(3.) It was further claimed that Shankar and Lajjan died and were succeeded by Jot Ram son of Dhanni to the extent of share and Sheo Chand s/o Suba, Panipat s/o Sucha to the extent of ¼ share each. Jot Ram also died issueless and Sheo Chand succeeded him to the extent of share. After death of Sheo Chand, Panipat succeeded. In this manner, Shankar and Jot Ram became mortgagors of the suit property. Defendant Kanhiya also died and Bhodu and Chhotu succeeded his inheritance.