SMT. AMAR DEVI Vs. SMT. SHAKUNTLA DEVI

JUDGEMENT

(1.) This second appeal by Smt. Amar Devi is directed against the decision of the learned District Judge, Kangra, in a suit filed by Shri Sansar Singh for redemption of a mortgage. A preliminary decree was granted in favour of the Plaintiff. Shri Sansar Singh alleged that he mortgaged the disputed land on May 22, 1950, in favour of Smt. Arnar Devi for a consideration of Rs. 300/ -. According to him the entire amount was paid off because the mortgage being usufructuary, Smt. Amar Devi was in possession and she appropriated a number of trees. As such the entire mortgage money was paid off and Shri Sansar Singh claimed possession alter redemption without payment of any amount.

(2.) The defence of Smt. Amar Devi was that none of the trees was cut and the mortgage money is still due although the possession remained with her. She also pleaded that Shri Sansar Singh executed a gift deed on March 12, 1959, in favour of Shri Bharat Singh, Smt. Shakuntla Devi and Smt. Ram Devi. As such he ceased to have any interest and had no locus standi to file the present suit. Shri Sansar Singh died during the pendency of appeal and in his place Smt. Shakuntla Devi was substituted as legal representative. It was pleaded on behalf of Shri Sansar Singh that the gift was the result of fraud and undue influence and that it was also hit by a custom besides being onerous and not binding on the parties. It was further pleaded that it was a conditional gift and Shri Bharat Singh and others did not fulfil the condition and so Shri Sansar Singh could be deemed to have revoked the gift. Infact Shri Sansar Singh executed a registered deed of cancellation on April 20, 1959.

(3.) Shri Bharat Singh, Smt. Shakuntla and Smt. Ram Devi were not made parties to the suit. The latter two are the daughters of Shri Sansar Singh of whom Smt. Shakuntla Devi is now impleaded as legal representative of the deceased Sansar Singh.