JOTINDAR KUMAR SINGH Vs. SHEOJEE SINGH

JUDGEMENT

(1.) Heard Mr. Binod Kumar Singh, the learned counsel appearing on behalf of the appellants. Mr. Jitendra Kishore Verma, the learned counsel appearing on behalf of respondent no. 1 and Mr. Harish Kumar, the learned counsel for the substituted heirs of the deceased respondent no. 11 are also present.

(2.) The defendants are appellants in this appeal against the judgment and decree of affirmance.

(3.) After filtering the unnecessary details, the facts, necessary to be frescoed, are that the suit property originally belonged to Ahshan Ahmad and Bibi Amna and they executed a mortgage deed on 4.4.1951 in favour of the defendant no. 1 Ramawati Devi (since deceased, through L.R.) for the suit property and put the mortgagee in possession of the mortgaged property. One Farhat Hussain had filed Money Suit No. 167/56 against Ahsan Ahmad and after obtaining a decree against him filed Execution Case Nos. 381/544 of 1958 wherein the suit property was auction sold and purchased by the decree holder Farhat Hussain who was delivered symbolic possession over the auction sold property by the executing court on 20.8.1962. The plaintiff purchased the suit property from the heirs of Farhat Hussain by registered sale deed dated 28.8.1978 for consideration and thereafter the plaintiff has filed the suit for redemption of the mortgage.