NIRMAL SINGH Vs. HARBANS SINGH

JUDGEMENT

(1.) Briefly stated, facts of the case are that plaintiff-Harbans Singh had brought a suit against defendant Nirmal Singh seeking possession by way of redemption of mortgage of the shop situated at Mehlan Road, Sangrur detailed as under: East: House Nanku; West: Sangrur Mehlan Road; North: Property of Harbans Singh; South: Property of Gurdial Singh;

(2.) Situated within the revenue estate of Mehlan Road, Sangrur besides recovery of Rs.2,000.00 per month on account of unauthorized use and occupation of the shop in dispute by the defendant.

(3.) Inter alia, in the plaint, the plaintiff had contended that he was owner of the shop in question, which he had mortgaged with the defendant vide mortgage deed No. 1419 dtd. 3/8/1994 for a sum of Rs.10,000.00 receiving Rs.10,000.00 from the defendant; the mortgage deed was got registered with the Registration Authority; that the defendant is in possession of the shop since the date of mortgage i.e. 3/8/1994; that the terms and conditions of the mortgage were as under: