JODHA SINGH Vs. RAGHUBIR 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. 300 with possession on the 19 of 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 the 12 of 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 the 25 of 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successful pre-emptor, deposited the entire amount in court within the dime allowed by the decree, and the amount was withdrawn by the defendants. All, 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 the defendants is that Bharat Singh and his successors in interest have lost their entire interest in the property by not doing so.

(3.) In order to pay the amount of Rs. 1,300 under the preemption decree, Bharat Singh executed a mortgage in favour of one Meh arban 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 the 6 of June, 1906. They then sued on the mortgage, brought the equity of redemption to sale and purchased it themselves. They have thus succeeded to the rights of Bharat Singh. The mortgage suit was brought in the year 1917, but the plaintiffs did not get formal possession of the property till February, 1919. In the meantime, on the 24 of January, 1918, the defendants had paid off the three hundred rupees due to Ganga Ram under his mortgage and had recovered possession of the property. The plaintiffs, on their purchase being completed, brought the present suit for possession against them.