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2000 DIGILAW 462 (RAJ)

Madanlal v. Mst. Ramrakhi

2000-04-18

RAJESH BALIA

body2000
JUDGMENT 1. - The parties have filed a duly verified settlement reached by them in respect of the dispute involved in this appeal. The appeal is against final decree for redemption of mortgage in favour of plaintiffs-respondents on payment of Rs. 10500/- as redemption money, which was deposited by plaintiffs in court. According to that settlement, respondent No. 4 Shyamlal has paid a sum of Rs. 63281/-in addition to the amount already deposited in the court under the preliminary decree for redemption of mortgage in full and final settlement of sum payable under the mortgage to the appellants and the appellants have agreed, on receipt of sum, to redeem the mortgage. 2. In terms of this settlement, the final decree for redemption of mortgage is confirmed and the mortgage stands redeemed on payment of aforesaid additional sum by the plaintiff to the mortgagees-defendants today. 3. The original mortgage deed which was produced in the court, may now be returned to plaintiff-respondent No. 4 Shyamlal after endorsement of satisfaction of the entire amount of mortgage money and redemption of mortgage. The other documents named in the deed of settlement have been delivered to Mr. R.K. Thanvi, the learned Counsel for plaintiffs-respondents in the presence of respondent No. 4 Shyamlal and Mr. Megh Raj Thanvi, the learned Counsel for respondent No. 5. 4. According to the terms of settlement, it is further directed that the appellants who have furnished undertaking to handover the possession of the property in question on or before 31.10.2000 shall handover the vacant possession of the premises in their possession on or before 31.10.2000 to the plaintiffs-respondents and till then, they are permitted to continue in possession as licencees of the plaintiffs-mortgagees to occupy the property only as a measure of giving them time to vacate the property conveniently, in which they are residing presently. 5. With effect from the date of redemption of mortgage i.e. today, the appellants have paid a sum of Rs. 485/- as licence fees for use and occupation of the property in question until 31.10.2000. If for any reason, the vacant possession of the property is not delivered by 31.10.2000, it will be open to the plaintiffs-respondents to secure the possession by executing the decree for possession on redemption of mortgage or by any other process as may be available to them under the law. If for any reason, the vacant possession of the property is not delivered by 31.10.2000, it will be open to the plaintiffs-respondents to secure the possession by executing the decree for possession on redemption of mortgage or by any other process as may be available to them under the law. The appellants-mortgagees shall not transfer in any manner or part with the possession of the property to anybody until the delivery of the possession of the property to plaintiffs-respondents. 6. It is stated by the learned Counsel for the appellants and admitted by learned Counsel for respondent No. 5 that one Ordi is already in possession of respondent No. 5, one of the co-mortgagors, as tenant of the mortgagees during the subsistence of mortgage. On redemption of mortgage, the possession of respondent No. 5 over the Ordi shall be subject to rights of all the co-mortgagors inter-se. 7. Accordingly, this appeal stands disposed of by affirming the decree of redemption of mortgage with modification in the redemption money which is enhanced from Rs. 10500/-to the on Rs. 10500/-which has been deposited in the court and lying with the Bank as per directions of this Court in this appeal. The additional sum has been paid by Mr. Shyamlal respondent No. 4 to the appellants today. The amount already deposited in the court or the Bank by the plaintiffs-respondents along with interest thereon accrued so far shall be paid to the appellants. So also the amount of mesne profit deposited by the appellants in respect of the property in question until the date of redemption of the mortgage i.e. today be refunded to the appellants. 8. The parties shall bear their own costs throughout.Appeal disposed of. *******