JHUNKHRU RAM Vs. MOHI RAM

JUDGEMENT

(1.) The instant appeal is directed, against, the concurrently recorded verdicts by both the learned Courts below, wherethrough, the plaintiff's suit for redemption of the suit property hence stood decreed, whereas, the defendants' counter-claim rather stood dismissed.

(2.) Briefly stated the facts of the case are that the plaintiffs were owners in possession of the suit land as detailed in the plaint. On 13/6/1985, the plaintiffs and other co-owners namely late Smt. Surmi and late Sh.Ramsa mortgaged the aforesaid land in favour of late Kundan Singh, i.e. the father of defendants No.2 to 5, and, also in favour of Jhinu, the father of defendant No.1, before the A.C. 2nd Grade, Kupvi. The defendants were cultivating the suit land and utilizing the produce/crop for their beneficial enjoyment in lieu of rent to the tune of Rs.2,000.00. After the death of Smt. Surmi and Smt. Ramsa, who died issueless, plaintiffs redeemed Khasra number 3701 measuring 02-17 bigha and order dtd. 27/1/1987 was also passed by A.C. 2 nd Grade, Kupvi in case No. 12-XIII/85 and mutation No.8549 was also attested qua that effect. The suit land is still under mortgage and is in possession of defendants. Now, the plaintiffs intend to redeem the said property and are ready to make payment of mortgage amount, i.e. Rs.2000.00. Now in the 2nd week of November, 2011, the plaintiff requested the defendants to accept the mortgage money and deliver the possession thereof, and, on 5/12/2011, a legal notice was also issued, but no heed was paid to their genuine request. As a matter of fact, the defendants intends to grab the valuable land. Since, this was so, they were left with no other option, but to file the present suit.

(3.) The defendants contested the suit and filed written statement, wherein, the have taken preliminary objections, qua locus standi, estoppel, non joinder and mis joinder of parties, cause of action, valuation, and limitation etc. On merits, it is submitted that the plaintiffs never remained in possession of the suit land, nor they cultivated it in any manner. As a matter of fact, the suit land was mortgaged with the ancestors of he defendants way back in the year 1900 A.D. and it was not got redeemed within the statutory period as prescribed for it. Hence, now the defendants have become its owner by way of efflux of time. Moreover, at the time of mortgage, the suit land was described as 'Banjar Kadeem' and it was also sloppy and not in cultivable condition. The land was developed by the predecessors- in-interest of the defendant by incurring huge amount. It is categorically denied that the mortgage was effected on 13/6/1985 for a sum of Rs.2,000.00. Order as passed by the A.C. 2nd Grade and the mutations attested are stated to be null and void. Moreover, the factum regarding mortgage of part of suit property has also been denied as it could not have been done. Further, the plaintiffs are taking contrary stand, as at one point of time, they state that the mortgage money had been paid during the course of proceedings of redemption before the A.C. 2 nd Grade, Kupvi and now they are again showing their intention to make the payment. It is averred that the plaintiffs have no right to redeem the suit property .