RAJ MOHAN SINGH
Nanak Chand (deceased) And Others – Appellant
Versus
Hitender And Others – 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
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.