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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALKA SARIN
Nagina Singh (Deceased) Through Lrs – Appellant
Versus
Dharam bir singh – Respondent
| Table of Content |
|---|
| 1. property ownership by efflux of time is contested. (Para 1 , 2 , 3) |
| 2. suit maintainability challenges regarding mortgage case. (Para 4 , 6) |
| 3. court's observation on mortgage redemption rights. (Para 5 , 7 , 9) |
| 4. judicial interpretation of statutory provisions. (Para 8) |
| 5. final judgment restoring lower court's decree. (Para 10) |
JUDGMENT :
Alka Sarin, J. (Oral)
1. The present appeal has been preferred by the defendant-appellants aggrieved by the judgment and decree dated 27.01.1995 passed by the First Appellate Court reversing the judgment and decree dated 24.01.1994 passed by the Trial Court.2. The brief facts relevant to the present lis are that the plaintiff-respondent herein filed a suit for declaration that he had become owner of the suit land by efflux of time. The case set up was that defendant - Nagina Singh - was owner of the land measuring 02 kanals 19 marlas being 1/5th share of the land measuring 14 kanals 10 marlas and the land was mortgaged with possession in favour of the plaintiff-appellant vide mortgage deed dated 23.12.1959 for a consideration of Rs.500/- and the mutation being mutation No.239 was also sanctioned in favour of the plaintiff-respondent
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