Appellant was also permitted to file additional written statement.
1 A suit for redemption of mortgage was filed by the respondents herein on 18.3.1987.
Keeping in view the aforementioned mistake which had occurred in furnishing proper description of the property in suit, the learned trial Court dismissed the suit opining The revenue record on the file does number show that the agricultural land companyprised in Khasra No.60/25/2 and 73/4/2 was ever changed as Khasra Nos.
60/25/25/2 or 73/4/2/4, after close perusal of the entire evidence on the file, I came to the companyclusion that the plaintiffs have prayed in this case for redemption of only 13 kanals 12 marlas of land out of the total land measuring 21 kanals 4 marlas, allotted in lieu of the land detailed in para No.1 of the plaint.
However, according to the respondents a mistake occurred in regard to the area of the mortgaged property vis a vis the suit land.
Babu Ram had executed a deed of mortgage in favour of the appellant herein by a registered deed of mortgage dated 16.6.1970.
Respondents O R D E R Leave granted.
An appeal was preferred thereagainst before the Appellate Court.
Plaintiffs respondents were the purchaser of the land in suit by reason of registered deed of sale dated 22.5.1973 from one Babu Ram.
The appeal is dismissed in terms of the signed order.
5 of 1994 dismissing the appeal preferred by the appellant herein from a judgment and order dated 13.1.1994 passed by the Additional District Judge, Kurukshetra remanding the matter back to the trial Court for fresh decision permitting the parties to lead more evidence on a joint request made by the learned companynsel for the parties.
Defendant in a suit for redemption of mortgage is before us aggrieved by and dissatisfied with the judgment and order dated 28.10.2006 passed by a learned Single Judge of the High Court of Punjab and Haryana at Chandigarh in S.A.No.
Leave granted.
No companyts.
7112 OF 2008 Arising out of S.L.P. C No.13933/2007 Sumer Chand Appellant Versus Mewa Ram Ors.
Meenu Sethi Pushap Lata Bhardwaj R. cum P.S. Court Master Signed order is placed on the file IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.
