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1984 Supreme(P&H) 730

J.V.GUPTA
Naurang Singh – Appellant
Versus
Jangir Singh – Respondent


Judgment

1. This is a defendants second appeal against whom the suit for possession by way of redemption was dismissed by the trial Court, but decreed in appeal.

2. Originally, Inder Singh, the predecessor-in-interest of the plaintiff-respondents instituted the suit for possession of the half share of the land measuring 22 kanals 10 marlas on payment of Rs. 965/- on the allegations that the said land was shown as mortgaged by him in favour of Naurang Singh and Bhag Singh sons of Tillu Singh in the jamabandi for the year 1965-66. The defendants had earlier filed a suit wherein he was held to be a mortgagor. Thus, he was a mortgagor and Naurang Singh and Bhag Singh along with others were the mortgagees. It was further alleged that he had got the shares of Sunder Singh and others, mortgagees, redeemed from them, but the land, in dispute, in possession of Naurang Singh and Bhag Singh, mortgagees, remained with them as such; hence the suit for redemption thereof. The suit was contested on behalf of the defendants on the plea that the same was barred by time and that the plaintiffs deceased Inder Singh was not entitled to redeem the suit land as he had already redeemed his one-half share


















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