also for repayment of the loan along with interest at the rate of 1.75% per month. In fact, deceased-Ram Krishan was not involved in lending money, yet keeping in view the acquaintance of the defendant No.1, agreed to advance him a sum of 4,50,000/-. In lieu of the payment, defendant No.1 mortgaged his land by way of registered mortgage deed executed on 23.2.1998 mortgaging 77 kanals of land comprised in khasra numbers referred to in the suit. Defendant No.1 had paid a sum of 3 lacs to Lali Devi daughter of Durga Devi and also paid a sum of 1 lac to Mahavir Singh son of Sohan Lal and out of mortgaged amount of 4,50,000/-, a sum of 50,000/- was paid to defendant No.1 in the presence of witnesses before the Sub Registrar. The payment of 4 lac to Smt. Lali Devi and Mahavir Singh was also acknowledged by receipt. Defendant No.1 had paid amount of 1,75,000/- but thereafter did not pay the mortgage amount plus interest neither got the land redeemed. On obtaining certified copies of the revenue record, plaintiff No.2 came to know that defendant No.1 in collusion with the defendant No.2-Bank had managed to mortgage the land comprised in Square No.26, Killa No.15(8-0) and 16(8-0) in consideration of loan amount of 64,000/- with defendant No.2-Bank, though he had no legal right to mortgage in view of the fact that the land was already under mortgage.
