My client grand father was Mortgaged land in 1944-45 for 100Rs, In which 50Rs to clear the earlier mortgage and remain for interest of land. The mortgagee was not cleared the earlier mortgage, but It was endorsement My client Grand mother and endorsemet was written by Mortgagee.
*. The mortgage was endorsed by mortgaee’s first son in 1959, but it was not registered. The possession was with us from mortgage to till date. My client father was mortgaged the same land to agricultural Co-Op Society in 1964, which is registered.
*. In the RTC 1968 -1977 My client father name in the column 9 and 12 (2) and mortgagee’s name also mentioned in column
*. In the year 1977 suddenly due to clerical mistake My client father name was removed, with out any Mutations any legal documents.
*. We filed the RTC correction in front of Assistane commissioner and corrected the same.
*. The mortgagee files suit and injunction of the Property using old RTC.
*. The junior civil court confirms the injunction on the ground of police complaint filed by mortgagees and name was appeared in column 11. They are saying mortgage was not redeemed with in 30 yrs.
*. We produced all revenue document, tax pay receipts, Mutations and Property Mahazar copy.
*. Mortgagees not send any notice to redeem the mortgage before filing the suit.
*. Junior court not scrutiny the documents submitted by us.
How can we prove the mortgage was redeemed and possession was with us?
What are acts and rules support for us. And any citations.
