LAWS(PVC)-1929-2-69

TIKAM SINGH Vs. LIKHI SINGH

Decided On February 08, 1929
TIKAM SINGH Appellant
V/S
LIKHI SINGH Respondents

JUDGEMENT

(1.) This is an appeal by the defendants in a suit for redemption of a mortgage dated 14 December 1896. Harbans and Ramjit were the mortgagors and Sobha Ram and Frunt were the mortgagees and the property in suit was usufructuarily mortgaged to secure Rs 1,300. The mortgagors sold their equity of redemption to Lakhkhi, Chandan and Dipchand on 20 October 1900. After the death of Lakhkhi, his estate devolved upon Chunni Ram alias Chet Ram, Kalyan and Bhim Raj by succession. Chet Ram alias Chunni Ram sold his equity of redemption to the plaintiff on 3 September 1920. The share of the plaintiff in the equity of redemption is about 1/6 in the property but the integrity of the mortgage not having been broken he institutes the present suit for redemption of the entire mortgage.

(2.) Sobha Ram, one of the original mortgagees, was dead and the suit, as originally framed, was instituted against Tikam Singh, and Ratan Singh, sons of Sobha Ram, and Frunt, one of the original mortgagees.

(3.) The plaintiff alleged that since the mortgage, a portion of the property had been acquired by the Government under the Land Acquisition Act and the mortgagees had received Rs. 50 by way of compensation from the Government. The suit was for redemption of the property on payment of Rs. 1,250.