SADHU SINGH Vs. KAUSHALYA DEVI

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree of the learned District Judge, Una, H.P. dated 31.01.2003, passed in Civil Appeal No. 21 of 2000.

(2.) Key facts, necessary for the adjudication of this regular second appeal are that the appellant-plaintiff (hereinafter referred to as the plaintiff) has filed suit for possession through redemption of the shop consisting of two rooms situated in Una town detailed in headnote of the plaint on payment of Rs. 1500/- principle mortgage money. According to the averments made in the plaint, Wattan Singh alias Hari Kishan Singh son of Hakam Singh, the father of the plaintiff, was owner in possession of shop in dispute. The shop was situated in Kh. No. 1039/1 entered in jamabandi for the year 1976-77. Sh. Wattan Singh has mortgaged with possession the shop to respondent-defendant (hereinafter referred to as the defendant No. 1) vide two registered mortgage deeds dated 27.1.1977 and 14.12.1977 for consideration of Rs. 800/- and Rs. 700/-, respectively. The mortgagor has not authorized the mortgagee to induct tenant over the disputed shop however the mortgagee has inducted respondent No. 2, namely Sh. Gian Chand as tenant vide rent note dated 7.7.1982. Sh. Wattan Singh died on 17.3.1983. The plaintiff succeeded to his estate. He requested the defendant several times to deliver the possession of the shop in dispute to him through redemption on payment of Rs. 1500/-. However, the defendant No. 1 refused to admit his claim.

(3.) The defendant No. 1 has admitted his claim. It was admitted that the shop in dispute was mortgaged vide two registered mortgage deeds. He rented out the shop in dispute to defendant No. 2 vide rent note dated 7.7.1982 on payment of rent of Rs. 800/- per month. Defendant No. 2 did not pay the rent of the suit premises from September, 1986.