RAGHUBIR SINGH Vs. JODHA SINGH

JUDGEMENT

(1.) This is an appeal in a suit for possession brought by the plaintiffs-respondents, Jodha Singh and Dilla Singh. The land in suit originally belonged to one Murat Singh, who mortgaged it for Rs. 3C0 with possession on 19 May 1891 to one Ganga Ram. Ganga Ram remained in possession as mortgagee till the year 1918. but the rights of the mortgagor were the subject of various transfers which it will be necessary to specify.

(2.) On 12th: December 1903 Murat Singh sold his equity of redemption to the defendants-appellants, Raghubir Singh and Gajraj Singh, for a sum of Rs. 1,300. Rs. 300 of this amount was left with the vendees for payment to the mortgagee, Ganga Ram, to pay off his mortgage. One Bharat Singh instituted a pre-emption suit in respect of this sale of the equity of redemption and obtained a decree against the defendants on 25 January 1905. Under this decree the whole of the purchase-money, Rs. 1,300, was made payable to the defendants though Rs. 300 of it was really for payment to the mortgagee, Ganga Ram. Bharat Singh, the successful pre-emptor, deposited tie entire amount in Court within the time allowed by the decree and the amount was withdrawn by the defendants. As, however, the defendants were not in possession of the property Bharat Singh did not think it necessary to take out any formal execution of his decree. The contention of tie defendants is that Bharat Singh and his successions in interest have lost their entire interest in the property by not doing so.

(3.) In order to pay the amount of Rs. 1,500 under the pre-emption decree Bharat Singh executed a mortgage in favour of one Meharban Singh, The present plaintiffs instituted a pre-emption or pre-mortgage suit on the basis of this mortgage, obtained a decree and stepped into the shoes of Meharban Singh. This was on 6 June 1906. They then sued on the mortgage, brought the equity of redemption to sale and purchased it themselves. They have thus succeded to the rights of Bharat Singh. The mortgage suit was brought in the year 1917 but the plaintiffs did not get form d possession of the property till February 1919. In the meantime, on January 1918 , the defendants had paid off the three hundred rupees due to Ganga Ram under his mortgage and have recovered possession of the property. The plaintiffs on their purchase being completed brought the present suit for possession against them.