SAJJAN SINGH Vs. KASHI LAL

JUDGEMENT

(1.) In this second appeal, the appellant-defendant is challenging the judgment and decree dated 9.7.1993 passed by the Addl. District Judge, Bhilwara (Camp Shahpura) in Civil First Appeal No. 46/87, whereby, the learned first appellate Judge confirmed the judgment and decree dated 28.9.1987 passed by the Civil Judge, Shahpura in Civil Original Suit No. 6/83 whereby the learned trial Court decreed the suit of the respondent-plaintiffs and passed preliminary decree for redemption of mortgage.

(2.) Brief facts of the case are that respondent-plaintiffs Kashilal and Jagdish, both sons of Gokul Lal preferred suit for redemption of the mortgaged property with the averments that there are two nohara which are immovable property situated in village Phulia Khan which were originally owned and possessed by one Kalyanmal Choudhary. Said Kalyan Mal Choudhary mortgaged the property with predecessors of one Mangilal Bohra in the year 1890 for a consideration of Rs. 1200 (Chittora), equivalent to Rs. 945/- of the present Indian currency and handed over possession of the said nohara to the mortgagee. Thereafter, Mangilal Bohra further sub-mortgaged the same property in favour of Sua Lal and Madho Lal, adoptive father and elder father of appellant Sajjan Singh on 4.11.1946 for a sum of Rs. 1,000/- and possession of the mortgaged property was handed over to the sub-mortgagee. After the death of the sub-mortgagee, the property came in succession and possession of the present appellant-defendant Sajjan Singh.

(3.) The plaintiffs stated in the plaint that Prem Singh Choudhary, the only successor of the former owner Kalyan Mal Choudhary, sold the property to the plaintiffs for a consideration of Rs. 3,500/- with mortgage liability. The plaintiffs, therefore, preferred suit for redemption of the mortgaged property against the appellant as well as some of the successors of alleged mortgagee Smt. Sohan Devi and Bhanwar Lal, wife and son of late Mangi Lal Bohra. Further, it is stated in the plaint that the plaintiffs have already paid Rs. 1,000/- to the mortgagee as amount of maintenance and interest to the successors of the mortgagee and they agreed by an agreement dated 25.2.1976 and authorised the plaintiffs to redeem the property from sub-mortgagee.