SUBHASH CHAND Vs. PAWAN KUMAR

JUDGEMENT

(1.) THIS appeal is directed against the judgement, decree dated 20.4.2001 passed by learned Additional District Judge (1), Kangra at Dharamshala, in Civil Appeal No. 108-K/98 thereby allowing the appeal, filed against the judgement, decree dated 13.5.1998 passed by learned Sub Judge Ist Class (II), Kangra in Civil Suit No. 410/96/93.

(2.) THE facts, in brief, are that appellants had filed a suit for possession by way of redemption of mortgage on payment of Rs.2400/- regarding land more specifically described in the plaint. The case of the appellants is that suit land was owned and possessed by Surjan Dass and Tilak Raj in equal share. Surjan Dass respondent No. 2 mortgaged his half share in the suit land with respondent No. 1 on 11.10.1986 for Rs.2400/-, the mutation of mortgage was attested on 14.10.1986.

(3.) THE respondent No. 1 filed written statement and contested the suit. He raised preliminary objections of maintainability, non-joinder of necessary parties, cause of action. On merits, respondent No. 1 has admitted that mortgage dated 11.10.1986 was for Rs.2400/-. He further pleaded that respondent No. 2 further took Rs.4600/- from him and thus enhanced the mortgage amount to Rs.7,000/-, which is evident from the sale deed executed by respondent No. 2 in favour of the appellants. The respondent No. 1 denied the remaining claim of the appellants.