Format of suit for redemption of mortgaged property
The post is about a suit for declaration of entitlement of redemption filed by the plaintiff, Ragbir, against the defendants, who are legal heirs of the late mortgagor of an agricultural land in village _______. The plaintiff and the performa defendants are the current owners in possession of the land, but the mortgage redemption was not incorporated in the revenue records, and the defendants are denying the plaintiff's claim. The plaintiff is seeking a declaration that they are entitled to redeem the land and requesting the court to order the defendants to recognize the plaintiff's ownership. The post provides details about the land, the mortgage, the possession, and the jurisdiction of the court, among other relevant information.
Ragbir son of Sh. _________
….Plaintiff
Versus
1- Ratan, 2- Jatin, 3- _______________
…..Defendants
4- Smt. Sumarti ___________________
…..Performa defendants
1. That the plaintiff and performa defendants are owners in possession of the agricultural land, comprised in Khewat/Khata No. 13/14, Rect. No. ___, Killa No. ______ total measuring 24 Kanal 02 Marla situated within the revenue estate of village ________. The copy of jamabandi for the year 2016-17 is attached herewith the plaint.
2. That the father of the defendants no. 4 to 9 namely Sh. Sohan Lal have been died and the defendants no. 4 to 9 are the only legal heirs of the late Sh. Sohan Lal.
3. That previously the suit land was mortgaged to the predecessor of defendants by the predecessor of the plaintiff and performa defendants for a consideration of Rs. 200/-. But the mortgagors of the suit property were remained in possession of the land involved in mortgage and currently the plaintiff and performa defendants themselves are in the possession of the suit land. The revenue records concerned are also supporting this fact.
4. That although the suit land was got redeemed by the plaintiff by paying an amount of Rs. 2,00/- to the defendants but the redemption could not be incorporated in the concerned revenue records and due to this non incorporation of redemption of suit land the defendants are adamant to the claim of plaintiff.
5. That the Rahinan/mortgagors are recorded in the column of cultivation of jamabandi as well as girdawri thus the possession of the plaintiff and pefroma defendants is well proved by the revenue records concerned also, to be with the plaintiff and performa defendants to the present suit.
6. That as per the revenue record the faction of mortgage is still existed and due to this very reason defendants are not admitting the plaintiff as owner in possession of the suit land and defendants are on efforts to oust the plaintiff from the suit land and defendants are on efforts to interfere in title & possession of the plaintiff qua suit land. In the alternative if the Hon’ble court come to conclusion that the mortgage amount of Rs. 200/- is still due towards the plaintiff, then in that case the plaintiff is ready to pay the mortgage money to the defendants whenever the Hon’ble court will order in this respect. Therefore, plaintiff is entitled to get a declaration that they are entitled to redeem the suit land.
7. That the defendants have no right, title or interest in the suit land as the suit land has already been redeem by the plaintiff by paying mortgage money to the defendants and now plaintiffs is owner in possession of suit land but the defendants have refused to admit the claim of the plaintiff and have refused to redeem the suit land lastly and finally on 12-02-2022, hence this is the final date of cause of action, accrued to the plaintiffs for filing the present suit.
8. That the performa defendants no. 10 to 12 who are also mortgagors like the plaintiff have not joined the plaintiff for redeeming the suit land, hence the plaintiff has filed the present suit arraying the other co-mortgagors as performa defendants.
9. That there is no proceedings is pending nor has been pending nor has been decided between the partied to the suit with respect to the suit land in any court of law, till today.
10. That the partied to the suit reside, cause of action arose and the suit property is situated within the territorial jurisdiction of this Hon’ble court, hence this Hon’ble court has got jurisdiction to try and decide the present suit.
11. That the value of the suit for the purpose of the court fee and jurisdiction is assessed Rs. 200/- over which a fixed court fee of Rs. 25/- has been affixed on the plaint.
12. It is therefore prayed that a decree for declaration to the effect that the plaintiff is owner in possession to the extent of his respective share and the revenue entries showing the ancestors of the defendants as mortgagee are wrong and the same are liable to be deleted from the revenue record and the suit land may kindly be got redeemed, may kindly be passed in favour of the plaintiff and against the defendants with cost of the suit. And in the alternative if the hon’ble court come to conclusion that the suit property is mortgaged with possession for any amount then in that case the same may kindly be redeemed on the payment of such amount by the plaintiff, may kindly be passed in favour of the plaintiff and against the defendants. Or any other remedy which the Hon’ble court deems fit and proper may kindly be awarded in favour of the plaintiff.
Verification: -Verified that all the contents of paras no.1 to 9 and 12 are correct to my knowledge and paras no. 10 and 11 are true to my belief. Verified at
PLAINTIFFS
Ragbir and others
Through Counsel
4- Smt. Sumarti ___________________
…..Performa defendants
Suit for declaration for entitlement of redemption.
Respected Sir,
That the plaintiff most humbly submit as under :-1. That the plaintiff and performa defendants are owners in possession of the agricultural land, comprised in Khewat/Khata No. 13/14, Rect. No. ___, Killa No. ______ total measuring 24 Kanal 02 Marla situated within the revenue estate of village ________. The copy of jamabandi for the year 2016-17 is attached herewith the plaint.
2. That the father of the defendants no. 4 to 9 namely Sh. Sohan Lal have been died and the defendants no. 4 to 9 are the only legal heirs of the late Sh. Sohan Lal.
3. That previously the suit land was mortgaged to the predecessor of defendants by the predecessor of the plaintiff and performa defendants for a consideration of Rs. 200/-. But the mortgagors of the suit property were remained in possession of the land involved in mortgage and currently the plaintiff and performa defendants themselves are in the possession of the suit land. The revenue records concerned are also supporting this fact.
4. That although the suit land was got redeemed by the plaintiff by paying an amount of Rs. 2,00/- to the defendants but the redemption could not be incorporated in the concerned revenue records and due to this non incorporation of redemption of suit land the defendants are adamant to the claim of plaintiff.
5. That the Rahinan/mortgagors are recorded in the column of cultivation of jamabandi as well as girdawri thus the possession of the plaintiff and pefroma defendants is well proved by the revenue records concerned also, to be with the plaintiff and performa defendants to the present suit.
6. That as per the revenue record the faction of mortgage is still existed and due to this very reason defendants are not admitting the plaintiff as owner in possession of the suit land and defendants are on efforts to oust the plaintiff from the suit land and defendants are on efforts to interfere in title & possession of the plaintiff qua suit land. In the alternative if the Hon’ble court come to conclusion that the mortgage amount of Rs. 200/- is still due towards the plaintiff, then in that case the plaintiff is ready to pay the mortgage money to the defendants whenever the Hon’ble court will order in this respect. Therefore, plaintiff is entitled to get a declaration that they are entitled to redeem the suit land.
7. That the defendants have no right, title or interest in the suit land as the suit land has already been redeem by the plaintiff by paying mortgage money to the defendants and now plaintiffs is owner in possession of suit land but the defendants have refused to admit the claim of the plaintiff and have refused to redeem the suit land lastly and finally on 12-02-2022, hence this is the final date of cause of action, accrued to the plaintiffs for filing the present suit.
8. That the performa defendants no. 10 to 12 who are also mortgagors like the plaintiff have not joined the plaintiff for redeeming the suit land, hence the plaintiff has filed the present suit arraying the other co-mortgagors as performa defendants.
9. That there is no proceedings is pending nor has been pending nor has been decided between the partied to the suit with respect to the suit land in any court of law, till today.
10. That the partied to the suit reside, cause of action arose and the suit property is situated within the territorial jurisdiction of this Hon’ble court, hence this Hon’ble court has got jurisdiction to try and decide the present suit.
11. That the value of the suit for the purpose of the court fee and jurisdiction is assessed Rs. 200/- over which a fixed court fee of Rs. 25/- has been affixed on the plaint.
12. It is therefore prayed that a decree for declaration to the effect that the plaintiff is owner in possession to the extent of his respective share and the revenue entries showing the ancestors of the defendants as mortgagee are wrong and the same are liable to be deleted from the revenue record and the suit land may kindly be got redeemed, may kindly be passed in favour of the plaintiff and against the defendants with cost of the suit. And in the alternative if the hon’ble court come to conclusion that the suit property is mortgaged with possession for any amount then in that case the same may kindly be redeemed on the payment of such amount by the plaintiff, may kindly be passed in favour of the plaintiff and against the defendants. Or any other remedy which the Hon’ble court deems fit and proper may kindly be awarded in favour of the plaintiff.
Verification: -Verified that all the contents of paras no.1 to 9 and 12 are correct to my knowledge and paras no. 10 and 11 are true to my belief. Verified at
PLAINTIFFS
Ragbir and others
Through Counsel
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