Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANIL KSHETARPAL
Sohan Singh (Deceased) Through Lrs – Appellant
Versus
Rachhpal Singh – Respondent
| Table of Content |
|---|
| 1. judgment review due to procedural errors. (Para 1 , 2 , 3) |
| 2. evidence retrieval from pakistan crucial for case. (Para 4 , 5 , 6) |
| 3. challenges to evidence and trial integrity discussed. (Para 8 , 9 , 10 , 11) |
| 4. appellate ruling enriched by comprehensive evidence. (Para 17 , 18 , 19) |
JUDGMENT :
Anil Kshetarpal, J.
1. This regular second appeal has a checkered history as the Supreme Court on two different occasions has set aside the judgments and decrees passed by the courts below and remanded the case back to the courts for a fresh decision. Hence, it is considered appropriate to give factual background.
2. This appeal has been filed by the legal representatives of Sh. Sohan Singh, who was the defendant in the suit filed by Sh. Rachhpal Singh for possession by redemption of land measuring 25 kanals and 5 marlas, situated in village Bhatoya. The suit was dismissed on 20.11.1973, which was affirmed in the first appeal by the judgment and decree dated 20.09.1975. During the pendency of the regular second appeal, an application under Order XIII Rule 3 CPC was filed for permission to settle the dispute amicably. The application as well as the regular second appeal filed by
The court emphasized the need for substantial evidence in mortgage redemption proceedings and the preservation of mortgage integrity throughout contested litigations.
The right of a mortgagor to redeem is legally upheld, and purchasing a share by mortgagees does not extinguish the mortgage right.
A usufructuary mortgagor can redeem the mortgage at any time; the right is not extinguished by the passage of 30 years, as affirmed by the Supreme Court.
The main legal point established in the judgment is that the right of a mortgagor to redeem a portion of the mortgaged property is permissible if the mortgagee has acquired interest in the whole or p....
In mortgage redemption cases, a final decree can stand even if a preliminary decree is absent, provided the substantive rights and principles of justice are satisfied without prejudice.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
