KULBIR SINGH Vs. ANIL KUMAR

JUDGEMENT

(1.) Briefly stated, facts of the case are that plaintiff-Anil Kumar son of Sh. Abey Ram, resident of village Goriya, Tehsil and District Jhajjar had brought a suit against the defendants i.e. Kulbir Singh @ Satbir Singh, Bhupender and Ramphul seeking recovery of Rs. 2,47,500/-.

(2.) As per the case of the plaintiff, defendant No. 1 being owner in possession of the land detailed in para No. 1 of the plaint had mortgaged it in favour of the plaintiff and defendant No. 2-Bhupender to the extent of 1/2 share each without delivering possession, for a sum of Rs. 4,95,000/- vide registered mortgage deed dated 13.8.2001; as per the terms and conditions agreed upon between the parties, the rate of interest was settled at 2% per month and defendant No. 1 had agreed to get the mortgaged land redeemed up to 12.8.2002 by paying an amount of Rs. 4,95,000/- with interest up to date and in case he failed to do so then the mortgagees could recover their amount with interest by getting the mortgaged land sold and in that event defendant No. 1 would be responsible for all expenses, damages and costs; the defendant No. 1 had failed to get the mortgage land redeemed and to pay the mortgage money with interest and cost and rather he tried to sell the land to defendant No. 3 in order to defeat the claim of the plaintiff, giving rise to a cause of action to the plaintiff to bring the suit.

(3.) On notice only defendant No. 1 had put in appearance, whereas defendants No. 2 and 3 did not appear despite service, as such they were proceeded against ex-parte.