KHUSHI RAM Vs. FINDHI

JUDGEMENT

(1.) The present second appeal has been directed by the defendants against the concurrent findings of the two Courts below decreeing the suit of the respondents-plaintiffs for possession of the land in dispute (measuring 0-11-53 Hects. comprising of khasra No. 296/1 of Chak Badiara, Tehsil Chirgoan, District Shimla) by way of redemption of mortgage on payment of Rs. 3000/-.

(2.) The plaintiff filed a suit, being Civil Suit No. 150/1 of 1989 before the learned Sub-Judge Ist Class, Rohru, claiming the following reliefs :

(3.) Briefly stated, the facts as set out in the plaint are these. The plaintiffs are the owners of the land measuring 0-42-18 Hects. comprising of Khasra No. 296 of chak Badiara. Tehsil Chirgoan, District Shimla in equal shares. A portion of this land, that is, the land in dispute was mortgaged with possession for a consideration of Rs. 3000/- in favour of defendant No. 1 in the month of Jaishtha 2045 (BK) through a writing, which writing is in possession of defendant No. 1. During the last week of February 1989, the plaintiffs offered and tendered the mortgage money to the defendant No. 1 with a request to handover the possession of the land in dispute to them by way of redemption of mortgage. The defendant No. 1 refused to do so on the ground that the share of plaintiff No. 2 in the land comprising of khasra No. 296 stood sold to his wife, that is, defendant No. 2. It was then revealed to the plaintiffs for the first time that the defendants by fraud and misrepresentation gqt a sale deed qua the share of plaintiff No. 2 (deceased) exj ecuted in their favour instead of a deed of mortgage.