ANIL KSHETARPAL, J.

CM-7239-C of 2017

Application allowed. Documents attached are taken on record.

CM-7240-C of 2017

1. This is an application for bringing on record legal heirs of respondent No.3-Hukmi who is stated to have died on 10.03.2010. Application is allowed subject to just exceptions. Legal heirs of Hukmi mentioned in para No.3 of the application are brought on record for the purpose of prosecuting this appeal only.

Main case

2. Defendant No.2 is appellant in the Regular Second Appeals against the concurrent finding of fact arrived at by the Courts below.

3. Plaintiff had filed a suit for recovery on the basis of a registered mortgage deed dated 20.05.2008 executed by defendant No.1 Hukmi son of Sh. Sita Ram mortgaging 29 Kanal 01 Marla land as security for repayment of loan. Plaintiff had asserted that after taking the loan, defendant No.1 did not repay the amount. Plaintiff further asserted that the defendant No.1 Hukmi with dishonest intention in order to defeat the rights of the plaintiff transferred 23 Kanal 04 Marla of land by registered sale deed. Plaintiff further stated that a criminal case was registered against the defendants. He further asserts that the sal