SUMER CHAND Vs. MEWA RAM

JUDGEMENT

(1.) The appellant-defendant has not been able to defend the suit for redemption filed by the respondent-plaintiffs in the trial Court and as well as in appeal.

(2.) The decree for redemption was sought on payment of Rs.12,000.00 on the premise that Babu Ram adopted son of Shankeri Devi was owner of the agricultural land measuring 11 bighas 19 biswas being 1/2 share of the agricultural land measuring 23 bighas 19 biswas recorded in khewat No. 106, khatauni No. 16, khasra No. 753(4-0), 756(4-0), 757(1-17), 1087(3-0), 1089(4-0) khewat No. 107, khatauni No. 18 khasra No. 759(3-2), 762(3-19) situated in the village Ban, Tehsil Thanesar District Kurukshetra. Babu Ram, vide registered mortgage deed dtd. 16/6/1970, granted the mortgage in favour of the defendant for a consideration of Rs.12,000.00. There was bar for redemption for a period of four years. Babu Ram sold the aforementioned land along with other land for a sum of Rs.50,000.00 to the plaintiffs vide registered sale deed dtd. 23/5/1973. All the plaintiffs purchased the land in the following manner:--

(3.) After the mortgage, consolidation was effected in the village and the land measuring 21 kanals 4 marlas subject matter of the mortgage comprised in khewat No. 170, khatauni No. 182, rect. No. 60, khasra No. 24/3(1-19), 25/2(4-18), rect. No. 73, khasra No. 4/2(5-8) min shumal, 5(8-0), 6/1(0-9) situated in the village Ban, Tehsil Thanesar District Kurukshetra, was allotted.