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

2018 Supreme(P&H) 4693

RAJ MOHAN SINGH
Nanak Chand (deceased) And Others – Appellant
Versus
Hitender And Others – Respondent


Advocates Appeared:
Adarsh Jain, Advocate, for the Appellant; Ashok Aggarwal, Advocate, for the Respondent

JUDGMENT

Raj Mohan Singh, J. - Defendants are in regular second appeal against the concurrent judgments and decrees passed by the Courts below in a suit for possession by way of redemption.

2. Plaintiff filed a suit for possession by way of redemption on the ground that his predecessor-in-interest mortgaged the suit land with the predecessor-in-interest of the defendant and mortgagee was delivered possession of the suit land. The entries were made to the said effect in the revenue record. Mortgage was effected in the year 1880 for a sum of Rs. 32/ It was agreed between the parties that the mortgagor could redeem the suit property at any time on making payment of the mortgage amount in the beginning of the agriculture year. It was also agreed that the payment towards land revenue was the responsibility of the mortgagee. Mortgage was usufructuary mortgage in nature.

3. Plaintiff alleged that he had purchased the mortgagor right from Rattan Singh for a consideration of Rs. 19,80,000/- vide sale deed dated 21.02.2011 wherein vendor admitted the jural relationship of mortgagor and mortgagee with the defendants. Defendants No.1 to 4 have been shown to be usufructuary mortgagees in possess

          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