DALIP SINGH Vs. TILAK SINGH

JUDGEMENT

(1.) This is a plaintiff's appeal and arises out of a suit for redemption of a mortgage, dated the 20 of April 1909, executed by the plaintiff in favour of Defendant No. 1 and father of Defendant No. 2 for a sum of Rs. 80. The property mortgaged was Plot No. 115 of village Kharawan. One Mt. Rajjo was admittedly an occupancy tenant of the said plot. She, by a deed of gift, dated the 2nd of October 1888, transferred the said plot to the plaintiff-appellant. The plaintiff's case was that the defendants without any right were denying the plaintiff's title to redeem the mortgage.

(2.) The defence to the suit was, that the deed of gift executed by Mt. Rajjo was never given effect to, and that the plaintiff was never in possession of the plot in dispute in his own right, but was in possession only as a manager of Mt. Rajjo. It was further alleged by the defendants, that they never got possession of the plot in dispute under the mortgage executed by the plaintiff, and as such the plaintiff was not entitled to a decree for redemption of the mortgage.

(3.) The trial Court held that the deed of gift executed by Mt. Rajjo had been acted upon, and that the defendants entered into possession of Plot No. 115 in their capacity as mortgagees under the mortgage-deed executed by the plaintiff, and as such the mortgagees cannot deny the title of the plaintiff, and are bound to restore possession of the mortgaged plot on payment by the plaintiff of the mortgage-money. On these findings the trial Court passed a decree for redemption, in terms of relief (a) prayed for in the plaint, in favour of the plaintiff.