AMAR NATH Vs. BANSI LAL

JUDGEMENT

(1.) Shibu Kalal of Naraingarh mortgaged his 76 Bighas 1 Biswa of land in favour of Dhani Ram and Din Dayal on October 8, 1928 for Rs. 7000/-. Equity of redemption qua 10 Bighas 11 Biswas of the mortgaged land was gifted by the mortgagor to one Hans Raj. Hans Raj got the mortgage redeemed in respect of gifted land on payment of Rs. 1,000/- as proportionate share of the mortgage money to the mortgagees. The remaining land, however, continued to be under mortgage for Rs. 6,000/- only. The mortgagees got the equity of redemption auctioned in execution of decree secured by them against the mortgagor obtained from the court of Senior Subordinate Judge which was purchased by Bansi Lal as highest bidder in court auction for Rs. 1325/-. The purchaser of the equity of redemption Bansi Lal aforesaid got the land redeemed from the mortgagees through Collector, Naraingarh.

(2.) Describing the court sale of equity of redemption as also subsequent redemption of the mortgaged lands by Bansi Lal from them as sham transactions on account of the auction-purchaser being a Benamidar for them, the mortgagees filed civil suit No. 3 on January 5, 1970 before the learned trial Court for declaration of their title to the mortgaged lands as owners. It was also urged therein that redemption order passed by Collector, Naraingarh, was illegal because instead of Rs. 6000/- mortgage money secured only a sum of Rs. 4573.08 was ordered to be paid to the mortgagees. Learned trial Court dismissed the suit on March 1, 1975. Civil Appeal No. 71 of 1975 filed against the decision of the learned trial Court was also dismissed by the learned lower Appellate court on March 28, 1978. Hence R.S.A. 1523 of 1978 in this Court.

(3.) I have heard Shri J.K. Sharma, Senior Advocate, with Shri Y.K. Sharma, Advocate, for the appellants and Shri Rajiv Atma Ram, Advocate, for respondent No. 1 and have carefully gone through the record of proceedings before the learned two courts below.