ASHOK KUMAR Vs. CHHITAR MAL

JUDGEMENT

(1.) Heard learned counsel.

(2.) This second appeal of the defendant is directed against the concurrent decree of two courts below in the suit for Redemption of Mortgage in respect of suit shop situated at Kacholiya Building, Bhilwara. The description of the suit shop is given in para no.1 of the plaint as well as in para no.1 of the impugned judgment of learned trial court. On the Eastern side of the suit shop is a public way, whereas, on the Western side, there is a residential house of the plaintiff and on the Northern and Southern side, the other shops of the plaintiff are stated to be situated. In Ex.1, mortgage deed dated 6/10/1990 registered with Sub Register, it is stated that said suit shop was given on mortgage to the defendant in lieu of Rs.10,000/- advanced by the defendant to the plaintiff.

(3.) Upon the suit being filed for redemption of mortgage, the defendant appellant took the defence that said mortgage was in respect of other shop, which was lying vacant and stamp on which the mortgage deed Ex.1 was written, bore the signature of defendant Ashok Kumar on a blank paper and plaintiff had got the said mortgage deed typed later on and got the same registered without knowledge of the defendant. The defendant appellant took the plea that the suit shop claimed to be under mortgage deed was in fact given on rent to his brother-Manoj Kumar and his brother Manoj Kumar was paying monthly rent to the son of plaintiff, Mr. Naresh, a boy of 15 years.