Judgment :-

R.F. Nariman, J.

1. In this Civil Appeal an interesting question arises for decision. One Nand Singh and Dr. Thakar Singh filed a suit for recovery for possession of various shops cum vacant sites situated in the main Bazar of Moga Town against 14 defendants. The suit property had been mortgaged to one Suba Singh and Saudagar Singh, defendants 1 and 2, for a sum of Rs.26,000/- vide registered mortgage deed dated 9th March 1942. After taking an additional amount of Rs.3,000/- from the aforesaid Suba Singh and Saudagar Singh, the plaintiffs executed an additional registered mortgage deed dated 3rd March 1943. The material terms of the mortgage deed dated 9th March 1942, with which we are concerned, reads as follows:

“Now we the executants while in our full senses and with our free will having mortgaged with possession the aforesaid shops, Ahatas including lane passage together with material (malba) chob kari (wooden shafts) etc., including well together with right to ingress and egress convenience and residence in favour of Suba Singh s/o Mutsada Singh, caste Jat resident of Wara Bhai and Saudagar Singh son of Sh. Rattan Singh caste Jet r/o Jawahar Singh Didar Singh wala in