NAND LAL Vs. RAMESH CHAND

JUDGEMENT

(1.) Meaningful question that arises in the instant appeal is whether transferee can avail Section 53 A of the Transfer of Property Act, 1882 as a shield or as a sword ? The parties shall be referred hereinafter in the same manner as they were arrayed in the suit.

(2.) The defendants seek to challenge the decree and judgment dated April 14, 1977 of the learned Additional District Judge, Jaipur whereby the suit for redemption of mortgage instituted by the plaintiffs was decreed allowing them to redeem the mortgage after making payment of Rs. 13,999/- till August 15, 1977 to the defendants.

(3.) Brief resume of the facts is that the plaintiffs filed suit against the defendant on November 10, 1971 with the averments that Shri Roshan Lal, the father of plaintiffs had mortgaged with possession four shops and executed as many as five mortgage deeds in favour of Shri Narain Bux the father of the defendants. In para 2(ka) of the plaint details of mortgage deeds were incorporated thus - First mortgage deed for shop No. 1 was executed on March 21, 1942 for Rs. 1,799/-. Second deed again for the said shop No. 1 was executed on August 31, 1945 for Rs. 2,000/-. Third deed for shop No. 2 was executed on August 31, 1945 for Rs. 3,200/-. Fourth deed for shop No. 3 was executed on August 31, 1945 for Rs. 3,200/-. 5th deed for shop No. 4 was executed on August 16, 1946 for Rs. 3,800/-. Plaintiffs prayed to pass decree for redemption of mortgage after determining the amount due.