SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2016 Supreme(P&H) 690

SURINDER GUPTA
Dharam Kaur – Appellant
Versus
Mohinder Singh – Respondent


Advocates:
For the Appellants:Mr. S.K. Garg Narwana, Senior Advocate with Mr. Naveen Gupta, Advocate.
For the Respondents:Ms. Alka Sarin, Advocate.

JUDGMENT

Mr. Surinder Gupta, J.: - This is second appeal against judgment and decree passed by then Sub Judge, Ist Class, Jhajjar, whereby suit filed by plaintiffs Mohinder Singh and others (now respondents in this appeal) was decreed for declaration that they have become “owner of land in dispute due to lapse of period of limitation for seeking redemption of its mortgage”. First appeal filed by defendants was dismissed by Additional District Judge, Rohtak.

2. Case of plaintiffs, in brief, is that Chhailu son of Kurdiya resident of village Silana (predecessor-in-interest of appellants) mortgaged suit land to Khem Chand son of Teku, predecessor-in-interest of plaintiff-respondents and a mutation in this regard bearing No. 528 dated 28.06.1899 was sanctioned. The land was got redeemed and after lapse of 30 years, plaintiffs have become owners of suit land by foreclosure.

3. Defendants-appellants denied possession of plaintiffs over suit land and their plea that they have become its owner by lapse of time.

4. Pleadings of parties led to framing of the issues as follows:-

(i) Whether plaintiffs who were earlier mortgagees in possession, became its owner by lapse of time of the land in s














































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top