GURNAM SINGH Vs. ACHHAR SINGH

JUDGEMENT

(1.) BY means of this appeal, the Appellants(hereinafter referred to as the Defendants) have challenged the judgment dated 6.10.2010 passed by the learned District Judge, Una whereby he allowed the appeal filed by Plaintiffs and set aside the judgment and decree of the learned trial Court and remanded the case to the trial Court for decision afresh.

(2.) THE undisputed facts are that Mehar Chand and Dalipa, who were joint owners of the suit land, mortgaged the same in the year 1954 for a sum of Rs. 1,290/ - with Wattna and Sansara. It is also not disputed that thereafter the same land was again mortgaged vide registered mortgage deed dated 13.6.1968 in favour of Wattna and Nikku. The case of the Plaintiffs, who are the successors - in -interest of the original mortgagors, is that the previous mortgage was extinguished after coming into force of the second mortgage.

(3.) IT would be pertinent to mention that in the original plaint it was stated that the mortgage had been created in the year 1957 for a sum of Rs. 1,240/ -, but the stand of the Defendants was that the mortgage was created on 7.6.1954, but the amount is not clearly stated. An application was filed for amendment of the suit wherein the date was sought to be changed from 1957 to 7.6.1954 and the amount was sought to be changed from Rs. 1240/ - to Rs. 1290/ -, but this application was rejected by the learned trial court.