TULSI DEVI Vs. JUGALKISHORE & ORS.

JUDGEMENT

(1.) Appellant-defendant has laid this second appeal under Sec. 100 Code of Civil Procedure to challenge the impugned judgment and decree dated 30.09.2015 passed by Additional District Judge No. 2, Nagaur (for short, 'learned first appellant Court'), whereby learned first appellate Court has affirmed the judgment dated 11.09.2006 passed by Civil Judge (Sr. Division), Nagaur (for short, 'learned trial Court') decreeing the suit of respondents-plaintiffs for redemption of mortgage.

(2.) The bare necessary facts are that respondent-plaintiff instituted a civil suit before the learned trial Court for redemption of mortgage property 'a Nohara', which was mortgaged with the appellant-defendants by his ancestors on 03.04.1963. In order to prove the factum of mortgage, requisite document and relevant facts were pleaded in the plaint. On behalf of performa respondents/defendants, written statement was filed accepting the averments contained in the plaint. However, the present appellant and some of the other defendants filed their separate written statements disputing the claim of the plaintiff-respondent. Subsequently, the plaintiff-respondent has also filed rejoinder.

(3.) On the basis of pleadings of the rival parties, learned trial Court framed six issues for determination. Learned trial Court, in its judgment, decided Issue Nos. 1 & 3 simultaneously for adjudging the fact about execution of the mortgage deed and so also genuineness of the mortgage deed. On the basis of plea of the appellant, a specific issue was framed that the alleged mortgage deed is a spurious document and prepared by practising fraud. Learned trial Court, while recording its finding on Issue Nos. 1 & 3, found that in fact the mortgage deed was executed and the same is genuine document. That apart, the other issues were also decided by the learned trial Court in favour of respondents-plaintiffs.