RAMESH CHAND Vs. AMAR SINGH

JUDGEMENT

(1.) This regular second appeal is instituted against the judgment dated 4.8.2009 rendered by learned District Judge, Solan, in Civil Appeal No. 14-S/13 of 2009.

(2.) The key facts necessary for the adjudication of the appeal are that the respondent/plaintiff (hereinafter referred to as the "plaintiff" for convenience sake) filed a suit for redemption of mortgaged land against the appellant/defendant (hereinafter referred to as the "defendant" for convenience sake). According to him, he is owner of the land comprised in Khata Khatauni No.9/10, Kita 8 total measuring 49 bighas to the extent of 1/3rd share measuring 6-17 bighas, situated in Village Ser Galotia, Pargana Matyanj Kalan, Tehsil Arki, District Solan, H.P. He mortgaged the suit land with the defendant for a sum of Rs.86035/-. The mortgage being oral was reported to revenue agency and the Assistant Collector, 2nd Grade, sanctioned the mutation No.440 dated 2.3.2000. The possession of the mortgaged land was delivered to the defendant at the time of oral mortgage on account of interest on the advanced money. The mortgage was usufructuary and on redemption, the plaintiff had to pay only advanced money. On 30.4.2003, he tendered an amount of Rs.86035/- to defendant and asked him to deliver the mortgaged land, but he refused to do so.

(3.) The suit was contested by the defendant. In the written statement, on merits, the defendant has admitted that the suit land was mortgaged. However, the defendant has raised contention that the plaintiff had also agreed to sell the land to him as part of the agreement. According to the defendant, he made a payment of Rs.60,000/- in favour of the plaintiff and performed his part of the agreement. However, later on the plaintiff was not ready to perform his part of the agreement.