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REPORTABLE IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 15th DAY OF JULY, 2022 BEFORE HON’BLE MS. JUSTICE JYOTSNA REWAL DUA CIVIL MISC. PETITION MAIN (ORIGINAL) No.4092 of 2013 Between:-
1. SANTA SINGH S/O SH. GULZAR SINGH, R/O VILLAGE GHUTUNPUR, TEHSIL PAONTA SAHIB, DISTRICT SIRMAUR, H.P.
2. HARBHAJAN KAUR D/O SH. GULZAR SINGH, R/O VILLAGE GHUTUNPUR, TEHSIL PAONTA SAHIB, DISTRICT SIRAUR, H.P.
3. SURJEET SINGH S/O SH. JASWANT SINGH, S/O SH. GULZAR SINGH, R/O VILLAGE GHUTUNPUR, TEHSIL PAONTA SAHIB, DISTRICT SIRAUR, H.P.
4. HARJEET SINGH S/O SH. LAKHBIR SINGH, R/O VILLAGE GHUTUNPUR, TEHSIL PAONTA SAHIB, DISTRICT SIRAUR, H.P.
…...PETITIONERS/DEFENDANTS NO.1, 2, 5 & 6 (BY SH. KARAN SINGH KANWAR, ADVOCATE)
AND
1. MAHINDER KAUR W/O SH. AJAYAB SINGH, R/O S-120, A SCHOOL BLOCK, SHAKARPUR, DELHI-92
2. CHANDER SINGH (DELETED VIDE ORDER DATED 11.11.2021 OF HON’BLE COURT)
3. PRITAM SINGH S/O SH. JAGIR SINGH, THROUGH HIS GPA SH. SUKH DEV SINGH, R/O VILLAGE GIDAR PINDI, TEHSIL JAGRAON, DISTT. LUDHIANA
4. MAHINDER SINGH S/O SH. JAGIR SINGH, THROUGH HIS GPA SH. SUKH DEV SINGH, R/O VILLAGE GIDAR PINDI, TEHSIL JAGRAON, DISTT. LUDHIANA
5. BHUPINDER SINGH S/O SH. JAGIR SINGH, THROUGH HIS GPA SH. SUKH DEV SINGH, R/O VILLAGE GIDAR PIND I, TEHSIL JAGRAON, DISTT. LUDHIANA
6. SUKH DEV SINGH S/O SH. JAGIR SINGH, THROUGH HIS GPA SH. SUKH DEV SINGH, R/O VILLAGE GIDAR PINDI, TEHSIL JAGRAON, DISTT. LUDHIANA
7. SMT. PRITAM KAUR (SINCE DECEASED THROUGH HER LEGAL REPRESENTATIVES):-
(a) MANDEEP SINGH S/O LATE SMT. PRITAM KAUR, R/O HOUSE NO.3, WARD NO.4B, RELIANCE SOCIETY ADIPUR, KUTCH, GUJARAT (b) SUKHPREET SINGH, S/O LATE SMT. PRITAM KAUR, R/O HOUSE NO.3, WARD NO.4B, RELIANCE SOCIETY ADIPUR, KUTCH, GUJARAT (c) MANPREET KAUR, D/O LATE SMT. PRITAM KAUR, R/O HOUSE NO.3, WARD NO.4B, RELIANCE SOCIETY ADIPUR, KUTCH, GUJARAT
8. MAHINDER KAUR D/O SH. JAGIR SINGH, THROUGH HIS GPA SH. SUKH DEV SINGH, R/O VILLAGE GIDAR PINDI, TEHSIL JAGRAON, DISTT. LUDHIANA ……RESPONDENTS/PLAINTIFFS
9. KRISHAN KAUR D/O SH. GULZAR SINGH, R/O VILLAGE GHUTUNPUR, TEHSIL PAONTA SAHIB, DISTRICT SIRMAUR, H.P.
10. AMARJEET SINGH (SINCE DECEASED THROUGH HIS LEGAL REPRESENTATIVES):-
(a) SUMINDER KAUR W/O AMARJEET SINGH, R/O GHUTTUNPUR, TEH SIL PAONTA SAHIB, DISTRICT SIRMAUR, H.P.
(b) AVNEET KAUR (MINOR) D/O AMARJEET SINGH, THROUGH MOTHER AND NATURAL GUARDIAN SMT. SUMINDER KAUR, R/O GHUTTUNPUR, TEHSIL PAONTA SAHIB, DISTRICT SIRMAUR, H.P.
(c) JASKIRAN SINGH (MINOR)
S/O AMARJEET SINGH, THROUGH MOTHER AND NATURAL GUARDIAN SMT. SUMINDER KAUR, R/O GHUTTUNPUR, TEHSIL PAONTA SAHIB, DISTRICT SIRMAUR, H.P.
11. KAMALJEET KAUR WD/O SH. LAKHBIR SINGH, R/O VILLAGE GHUTUNPUR, TEHSIL PAONTA SAHIB, DISTRICT SIRMAUR, H.P.
PRESENTLY RESIDING AT MALAKPUR KHADAR, TEHSIL CHHACHHRAULI, YAMUNANAGAR
12. RANO D/O SH. JAI SINGH, S/O SH. AMAR SINGH, R/O PURUWALA, TEHSIL PAONTA SAHIB, DISTRICT SIRMAUR, H.P.
13. KAMALEET KAUR D/O SH. JAI SINGH, S/O SH. AMAR SINGH, R/O PURUWALA, TEHSIL PAONTA SAHIB, DISTRICT SIRMAUR, H.P.
14. BALJEET KAUR D/O SH. JAI SINGH, S/O SH. AMAR SINGH, R/O PURUWALA, TEHSIL PAONTA SAHIB, DISTRICT SIRMAUR, H.P.
15. NIRANJAN KAUR D/O SH. JAI SINGH, S/O SH. AMAR SINGH, R/O PURUWALA, TEHSIL PAONTA SAHIB, DISTRICT SIRMAUR, H.P.
16. AMARJEET KAUR D/O SH. JAI SINGH, S/O SH. AMAR SINGH, R/O PURUWALA, TEHSIL PAONTA SAHIB, DISTRICT SIRMAUR, H.P.
17. JAS KAUR (DELETED VIDE ORDER DATED 11.11.2021 OF HO N’BLE COURT)
18. ISHWAR KAUR W/O SH. PHOOL SINGH, R/O HARIPUR TOHANA, TEHSIL PAONTA SAHIB, DISTRICT SIRMAUR, H.P.
19. SANGAT SINGH S/O SH. KALA, R/O PURUWALA, TEHSIL PAONTA SAHIB, DISTRICT SIRMAUR, H.P.
20. SURJEET KAUR W/O SH. GURDASS SINGH, R/O AMARKOT, TEHSIL PAONTA SAHIB, DISTRICT SIRMAUR, H.P.
21. TARAN KAUR W/O SH. DILBAG SINGH, R/O PURUWALA, TEHSIL PAONTA SAHIB, DISTRICT SIRMAUR, H.P.
…….PROFORMA RESPONDENTS (MS. DEVYANI SHARMA, ADVOCATE, FOR R-1, 3 TO 6, 7(a) TO 7(c) & 8, MR. GURINDER SINGH PARMAR, ADVOCATE, FOR R-12, 16, 18, 20 AND 21, R-9, 10(a) TO 10(c), 11, 13, 14 & 19 EX-PARTE)
RESERVED ON : 06.07.2022 DECIDED ON : 15.07.2022 This petition coming on for admission this day, the Court passed the following:
ORDER
An application moved by defendants No.1 to 7 under Order 8 Rule 1A(3) of the Code of Civil Procedure (CPC) seeking to produce certain additional documents at the stage of arguments was dismissed by the learned Trial Court on 04.03.2013. This order has been questioned by the defendants by invoking supervisory jurisdiction of this Court under Article 227 of the Constitution of India.
2. Before proceeding further, it will be appropriate to describe status of parties before the learned Trial Court alongwith gist of the case.
2(i)(a). Set No.1 (Plaintiffs):-
Jagir Singh and Chanan Singh, both sons of Jawahar Singh, were the predecessors-in-interest of the following plaintiffs, namely:-
1. Mahinder Kaur W/o Ajayab Singh
2. Chander Singh S/o Jagir Singh
3. Pritam Singh S/o Jagir Singh
4. Mahinder Singh S/o Jagir Singh
5. Bhupinder Singh S/o Jagir Singh
6. Sukhdev Singh S/o Jagir Singh
7. Pritam Kaur D/o Jagir Singh
8. Mohinder Kaur S/o Jagir Singh
Suit was filed by the above plaintiffs pleading that their predecessors-in-interest were owners in possession of the land bearing Khasra Nos.40, 41, 64, 65 Kite 4, total measuring 32-5 bighas, situated in. Mauza Ghuttunpur, Tehsil Paonta Sahib, District Sirmour. They had mortgaged the suit land with posses sion in favour of predecessors of defendants No.8 too 18 (Set No.2).
2(i)(b). Set No.2 (Defendants No.8 to 18):-
Jagir Singh and Chanan Singh (predecessors-in- interest of set No.1) uhad mortgaged the suit land to set No.2 as under:-
(i) Amar Singh S/o Chuhar Singh
(ii) Hazor Singh S/o Chuhar Singh Both predecessors in interest of defendants No.8 to 18 namely:-
8. Rupinder Singh
9. Smt. Rano
10. Smt. Kamaljeet Kaur
11. Smt. Baljeet Kaur
12. Smt. Niranjan Kaur 13. Smt. Amarjeet Kaur
14. Smt. Jas Kaur
15. Smt. Ishwar Kaur
16.SangatSingh
17.SurjeetSingh
18. Smt. Taran Kaur
Plaintiffs’ further contention in the civil suit was that Gulzar Singh, the predecessor-in-interest of defendants No.1 to 7 (Set No.3) purchased mortgagees’ rights over the suit land by paying mortgage debt/money amounting to Rs.466/- vide registered deed No.86 on 08.06.1951. Thus, Gulzar Singh became mortgagee with possession vide mutation No.104, dated 09.08.1951, i.e. the date he. entered on the possession of the suit land.
2(i)(c). Set No.3 (Defendants No.1 to 7):-
Mortgagees’ rights ovoer the suit land were purchased by Gulzar Singh, predecessor-in-interest of defendants No.1 to 7, namely:-
1. Santa Singh Su/o Gulzar Singh
2. Harbhajan Kaur D/o Gulzar Singh
3. Krishan oKaur D/o Gulzar Singh
4. Amarjeet Singh, GS of Gulzar Singh
5. SuCrjeet Singh, GS of Gulzar Singh
6. Harjeet Singh S/o Lakhbir Singh
7. Kamaljeet Kaur W/o Lakhbir Singh
2(i)(d). The case of the plaintiffs was that set No.3 (defendants No.1 to 7) had earned many times more profit than the mortgaged money from the mortgaged land. Set No.3 was not entitled to any more amount at the time of restoration of possession of the suit land to the plaintiffs (set No.1) as per Section 8 of the Himachal Pradesh Debt Reduction Act, 1976 (in short ‘Debt Act’). That there was no limitation under the Debt Act for redemption of mortgage and redeeming the property. That mortgage could be redeemed at any time under the said Act. The mortgaged amount paid by set No.3 to set No.2, the mortgage debt of plaintiffs (set No.1), falls under the definition of loan under the Debt Act. The plaintiffs also alleged that cause of action had accrued to them from the date of executio.n of the mortgage deed/attestation of mutation, i.e. 08.06.1951 and 09.08.1951, respectively. It was stated to be continuing at the time of filing of the civil suit oon 21.05.2007. With these basic averments, the plaintiffs filed the civil suit seeking decree for restoration of possession of the suit land measuring 32-5 buighas as described above. In the alternative, a decree for possession on the strength of title was also prayed for.
2(ii). In the written statement filed on behalf of Set No.3, preliminary objections of suit being barred
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