LAWS(HPH)-2008-4-33

AMAR SINGH Vs. JAI SINGH

Decided On April 25, 2008
AMAR SINGH Appellant
V/S
JAI SINGH Respondents

JUDGEMENT

(1.) With the consent of the learned senior Counsel for the parties, the appeal is heard finally, at admission stage, on the following substantial questions of law : -

(2.) One Seengh Ram, was the recorded owner of land comprised in Khasera No. 449 measuring 1 Bigha 18 Biswas, situated at Chak Mool Matiyana, District Shimla, H.P. (hereinafter referred to suit land).

(3.) Amar Singh son of Shri Seengh Ram, filed Civil Suit No. 193/1 of 1995/93, seeking possession of the suit land by way of redemption and accounts under Section 6 of H.P. Debt Reduction Act, 1976 (hereinafter referred to as the Act) on the ground that in the year 1965 Seengh Ram had mortgaged the suit land for a sum of Rs. 500/ - when possession was handed over to the defendant and since the defendant had been enjoying the fruits and deriving benefits more than double the mortgaged amount from the land, he was entitled to redeem the land without any payment.