J.V.GUPTA
Massa Sigh – Appellant
Versus
Gopal Sigh – Respondent
1. This is defendants second appeal against whom the suit for possession, by way of redemption, was dismissed by the trial Court, but has been decreed in appeal.
2. On 11-5-1962 Smt. Swaran Kaur entered into an agreement Exhibit D-2 with Massa Singh whereby she agreed to mortgage her agricultural land measuring 87 kanals for a sum of Rs. 5,500.00 . A sum of Rs. 3,000.00 was paid by way of earnest money. The registered deed was to be executed within fifteen days thereof. However on 16-5-1962, she executed the mortgage deed Exhibit P-1, for a sum of Rs. 7,000.00 in favour of the predecessor-in-interest of the defendants-mortgagees. According to the terms of the mortgage deed, the mortgage was with possession and a usufructory mortgage; the period of mortgage was mentioned as 90 years. According to one of the conditions of the mortgage deed, it authorised the mortgagees to plant fruit bearing and other trees making the mortgagors liable to pay the price of the fruit bearing and other trees at the time of the redemption. Another condition of the mortgage deed was that the mortgagees were entitled to get their mortgage money at any time they liked. One Gurbax Singh filed a suit
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