HANSIA Vs. BAKHTAWARMAL

JUDGEMENT

(1.) THIS is a second appeal by two out of four defendants against the judgment, and decree of the Civil Judge, Sojat, in a suit for redemption of mortagage. It has been referred to a Division Bench by a learned single Judge as an important question of law is involved in it.

(2.) RESPONDENTS No Section 1 and 2 are plaintiffs. Their case was that their father and uncle had mortgaged a house situate in village Sawrad with Sobha, Tiloka and bhoma, predecessors-in-title of the defendants for Rs. 209/- in Samwat 1967. The said mortgage was to be redeemed after a period of 31 years. When the plaintiffs sought to redeem the property after the expiry of this period, the defendants refused to accept the money and hand over possession. Consequently, the plaintiffs brought this suit for redemption against the defendants. Two of the defendants, namely Bhania and Benia, sons of Tiloka admitted the plaintiffs' claim. The other two, Hansia and Achalia, contested this suit. They denied the mortgage and asserted that the property belonged to themselves. They also pleaded with respect to the document produced in support of the mortgage by the plaintiffs that as the document was not registered, it was of no avail to the plaintiffs.

(3.) THE suit of the plaintiffs was for redemption. The plaint, as it was drafted, was a pure and simple plaint in a suit for redemption based on the mortgage of Samwat 1967. The prayer was for redemption and possession of the house in dispute.