SURAJ BHAN Vs. CHANDER KANTA

JUDGEMENT

(1.) The present revision petition has been filed by Suraj Bhan and Jasbir Singh, hereinafter described as the petitioners, directed against the order passed by the learned Civil Judge (Junior Division), Kurukshetra and that of the learned Additional District Judge, Kurukshetra, dated 16.9.1997 and 14.10.1997 respectively. By virtue of the impugned order, the learned trial Court had dismissed the application filed by the petitioners under Order 39 Rules 1 and 2 of the Code of Civil Procedure (for short "the petitioners") to restrain the respondents from dispossessing the petitioners from the suit property till the decision of the pending civil suit. The appeal filed by the petitioners was also dismissed by the learned Addl. District Judge.

(2.) The facts alleged by the petitioners which prompted them to claim ad interim injunction were that Lakhpat, father of the petitioners, was recorded as owner of land measuring 33 Kanals 12 Marias. It was situated within the revenue estate of village Mirkapur, Tehsil Thanesar, District Kurukshetra. It was ancestral joint Hindu Family coparcenary property. Lakhpat was recorded as owner being the Karta of the Joint Hindu Family. Lakhpat had no legal necessity or pressing need to mortgage or sell the said land. Still he mortgaged the land vide mortgage deed dated 5.3.1974 in favour of Sat Pal and Ram Ditta. Though the mortgage was shown to be mortgage with possession, but the same, in fact, remain with Lakhpat. The said Lakhpat wanted to create further mortgage of the land approached respondents mentioned above for executing additional mortgage deed. Satpal got thumb-impressions on the document of sale of land of Lakhpat vide sale deed dated 20.2.1978 showing a false consideration of Rs. 49,000/- by fraud. He got another sale deed showing consideration of Rs. 20,000/- though no amount was paid by the wife of Satpal to Lakhpat. When the alleged fraud came to the notice of Lakhpat, he filed two civil suits for declaration that mutations sanctioned on the basis of sale deeds shall be declared null and void. The civil Court directed status quo to be maintained. Subsequently, Lakhpat died. Petitioners were impleaded as legal representatives of Lakhpat. Meanwhile, Smt. Chander Kanta claiming to be the mortgagor and owner of the said property filed an application under Section 4 of the Redemption of Mortgage (Punjab) Act, 1913 in the court of Collector, Thanesar for the redemption of the mortgage deed dated 5.3.1974. Collector, Thanesar, on 29.7.1997 allowed the application on payment of Rs. 22,000/- as mortgage amount and further allowed Smt. Chander Kanta to take possession of the suit land in execution of the said order. Petitioners filed an application under Section 4 of the Redemption of Mortgage (Punjab) Act, 1913 but it was dismissed by the Collector, Thanesar, petitioners prayed for ad interim injunction to restrain the respondents to execute the order passed by the Collector and that they (petitioners) should not be dispossessed from the suit property.

(3.) Respondents No. 1 and 2 contested the petition. They alleged that the petitioners have no right, title or interest in the suit property. It was insisted that Lakhpat had mortgaged the land measuring 33 Kanals 12 Marias and subsequently sold the same in favour of Smt. Chander Kanta vide two sale deeds dated 20.2.1978 and 28.6.1978. Mutation was effected in favour of Smt. Chander Kanta. An application was filed for redemption of the mortgage against the petitioners and others. The said land was ordered to be redeemed by the Collector, Thanesar, Respondent No. 1 has taken possession in accordance with law. It was denied that the sale deed so executed was an act of fraud or forgery. It was averred that the petitioners had secured an order of status quo in the civil suits but the said order was modified to the effect that respondent No. 1 could take possession of the suit land in due course of law and the order of status quo will not affect the proceedings of redemption of mortgage pending with the Collector, Thanesar.