Despite the fact that the respondent plaintiff had purchased only 19 kanals 2 marlas out of the mortgaged land, he offered the whole of the mortgage money to the appellants defendant realising that partial redemption was number permissible.
It was further pleaded by the plaintiff that at the time of the original mortgage deed dated 19.3.1968 the said Shri Prakash Singh was financially tight and allegedly taking undue advantage of his poor financial companydition and helplessness the appellants got incorporated a term in the mortgage deed, to the effect that the mortgage was for a period of 99 years which companystituted a clog on the equity of redemption and that the appellants had been enjoying the usufructs of the mortgage for more than 20 years before the date of the filing of the suit.
The disputed property was owned by one Prakash Singh who had mortgaged the same in favour of Smt.
The suit was decreed by the Trial Court with a direction for delivery of possession by way of redemption on paying/ depositing the mortgage money of Rs.7,000/ minus the companyt of the decree.
The suit was stated to be premature and liable to be dismissed.
The said Shri Prakash Singh, the original owner, sold the land measuring 19 kanals 2 marlas out of the mortgaged property in favour of the respondents Sucha Singh vide registered sale deed dated 25th March, 1987 for a valid companysideration by which the mortgage money of Rs.7,000/ was kept with the respondent plaintiff as security Amanat to be paid to the appellants.
The said Smt.
The appellants were stated to have refused to deliver possession which necessitated the filing of the suit.
Whether the plaintiff has numberlocus standi to file this suit?
The appellants, though admitted that the disputed land under mortgage was in their possession on the basis of a mortgage for a sum of Rs.7,000/ since the year 1968, yet companytended that the plaintiffs had numberright to get the suit land redeemed before the expirty of mortgage period of 99 years.
Whether the period of 99 years of mortgage is a clog on the equity of redemption?
On the basis of the pleadings of the parties, the Trial Court framed the following issues Whether the disputed land is liable to be redeemed in favour of the plaintiff as claimed through this Suit?
Prakash Singh who was impleaded as defendant No.3 was proceeded ex parte.
Basant Kaur for a sum of Rs.7,000/ vide mortgage deed dated 19.3.1968.
Basant kaur died whereafter the appellants herein stepped into her shoes qua the suit property and, according to the plaintiffs became mortgagees in possession of the said land.
Claiming to be the owner of the disputed property being land measuring 23 canals 2 marlas situate in Village Sansra, Tehsil Ajnala, Punjab, the respondent plaintiff filed a suit for possession by way of redemption against the appellants in the Court of Additional Senior Sub Judge, Ajnala.
SETHI,J. LITTTTTTTJ Leave granted.
