RAM KRISHAN Vs. HALKU

JUDGEMENT

(1.) This second appeal arises out of the judgment and decree of the learned Additional District Judge, Shimla dated 14th of November, 2002 in Civil Appeal No. 72-S/13 of 2001. To appreciate the questions raised in this appeal, few facts may be noticed:

(2.) Haiku Plaintiff, Respondent No. 1, in this appeal, mortgaged with possession the suit land for Rs. 6,000 with the Defendants-Appellants Ram Krishan and Rakesh. The mortgage deed, an unregistered document, stipulated that if mortgagor does not redeem the land within three years of the execution of the document, then the land, subject of mortgage, would be considered to have been sold to the mortgagee and Plaintiff would not be entitled to redeem it. It was further stipulated that the usufruct of the land would be considered adjusted towards interest on the mortgage amount. This document was executed on 27th of November, 1984.

(3.) Admittedly, the land was not redeemed within three years of the execution of the document. Plaintiff Haiku laid a suit on 6th of March, 1999 claiming redemption of land on payment of Rs. 6,000.