DES RAJ Vs. HARGURDIAL SINGH

JUDGEMENT

(1.) THE suit is to enforce the mortgage of 2-6-1926 by Lachman Das, father of DCS raj defendant No. 1, in favour of Ganda Ram. The consideration for the mortgage was Rs. 3,500/-as staled in the mortgage deed. Ganda Ram mortgaged his mortgagee rights with the Peoples Bank of Northern India Limited. That Bank had the mortgagee rights of Ganda Ram put to sale in execution of its mortgage decree against him on 10-6-1936 and those rights were purchased by Hargurdial singh plaintiff for Rs. 450/ -. The sale certificate was issued on 21-7-1936. Thereafter the plaintiff has been shown as mortgagee of the land in the revenue records.

(2.) ONE Gujar Mal obtained a decree against Lachman Das, the original mortgagor, and in execution of his decree he had the equity of redemption of the property in suit sold on 27-2-1940 and the-same was purchased by Ram Lal, defendant No. 3. The sale certificate or it was issued on 1-3-1940-Defendant No, 3 made a gift of that equity of rer demption on 4-7-1940 in favour of Vidya Vati defers dant No. 4, who is the wife of Des Raj defendant No. 1. Thus defendant No. 4 now holds the equity of redemption of the property and the mortgagee is the plaintiff.

(3.) THE plaintiff sued to enforce the mortgage-against the two sons of Lachman das, namely, Des Raj defendant No. 1 and Maharaj Kishan defendant No. 2, and also defendant No. 4 by the sale of the mortgaged property.