In an appeal against a dismissal of a suit for possession of land, the High Court dismissed the appeal, holding that the appellant failed to prove execution of a mortgage deed or payment of mortgage money to establish his title.
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R.S.A. No. 2581 of 2009 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
R.S.A. No. 2581 of 2009
Date of Decision: October 20, 2009
Major Singh
…..Appellant
Vs.
Surjit Singh and others
…..Respondents
CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI.
-.-
Present:Mr. Tarsem Singh, Advocate for the appellant.
-.-
M.M.S. BEDI, J. (ORAL)
Suit of the plaintiff- appellant for possession of the land measuring 20 kanals mentioned in heading of the plaint has been dismissed by the Courts below, holding that the plaintiff- appellant has failed to establish that he had mortgaged the property in dispute to the defendantrespondents or that he has already redeemed the property on payment of mortgage amount of Rs.180/-. Both the Courts below have given a finding of fact that neither mortgage deed had been executed nor it was produced in
R.S.A. No. 2581 of 2009 [2]
the Court. Regarding redemption, both the Courts below have given a finding of fact that the plaintiff- appellant has not been able to establish the payment of the mortgage amount by producing a receipt. No ground is made out for interference in the concurrent finding of fact arrived at by the Courts below.
Dismissed.
October 20, 2009 (M.M.S.BEDI) sanjay JUDGE
Major Singh
Surjit Singh
M.M.S. BEDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
