BHAGAT RAM AND ORS. Vs. JEET RAM

JUDGEMENT

(1.) PLAINTIFFS are in second appeal before this Court. They have been aggrieved by the judgment and decree dated 7.3.2003, passed by learned Additional District Judge, Bilaspur, in Civil appeal No. 72 of 1994, whereby judgment and decree passed by learned Sub Judge, 1st Class, Ghumarwin, District Bilaspur, in Civil Suit No. 167/1 of 1988, has been affirmed.

(2.) THE subject matter of dispute in the present lis is a piece of land, measuring 2.1 bighas, comprised in Khewat No. 3/3, Khatauni No. 7, Khasra No. 6, situate in village Babeli, Pargana Tiun, Tehsil Ghumarwin, District Bilaspur (hereinafter referred to as "the suit land"), as per entries in the Jamabandi for the year 1981 -82. The plaintiffs claim that the suit land was mortgaged by the defendant on 1.9.1959 and mutation Ext. P4 in this behalf was duly sanctioned and attested on 14.12.1959. The mortgage money, according to them, was Rs. 350/ - and the interest payable on the mortgaged money and the produce from the mortgaged land, was equal. It was agreed upon that the plaintiffs may redeem the mortgage on payment of the mortgage amount. The defendant allegedly received double of the mortgage amount, however, when asked to redeem the mortgaged land, he failed to do so, hence the suit for decree of possession of the suit land by way of redemption of the mortgage and in the alternative for possession thereof on the basis of title.

(3.) ON the pleadings of the parties, the following issues were framed by the trial Court: