BABU SINGH (DECEASED) Vs. AMAR NATH

JUDGEMENT

(1.) The matter here pertains to redemption of mortgage.

(2.) On June 11, 1947, Rakha Ram mortgaged 24 kanals of land in favour of Amar Nath for a sum of Rs. 3600/-. Later, on December 31, 1958, by a deed of GIFT/Relinquishment, Exhibit D/7, Rakha Ram transferred this land to his sister Bachan Kaur. This Bachan Kaur sold the land on March 11, 1968 vide sale deed Exhibit D/6 to the plaintiff-Babu Singh. In the meanwhile, consolidation of land took place in lieu of the 24 kanals of land, mortgaged by Rakha Ram to Amar Nath, 17 kanals and 6 marlas were allotted. This land comprised 9 kanals 6 marlas in Khasra No. 515 and 8 kanals in Khasra 516.

(3.) On June 15, 1979, Babu Ram made an application under Section 4 of the Redemption of Mortgages (Punjab) Act, 1913 (hereinafter referred to as 'the Act') for redemption of 10 kanals of land on payment of Rs. 100/- as it appears that, in the meanwhile, Babu Singh had already obtained possession of the balance of the mortgaged, namely, 7 kanals 6 marlas. The plea raised by Babu Singh in this behalf being that this land was allowed to be voluntarily redeemed by the plaintiff-Amar Nath.