SUBHANI THROUGH L.RS Vs. ABDUL RAHIM

JUDGEMENT

(1.) This regular second appeal by the defendant / appellant is directed against the judgment and decree dated 22.8.1996, passed by the learned Addl. District Judge, Gurgaon, vide which the suit filed by the plaintiff/respondents for declaration to the effect, that the plaintiffs have become owner in possession of the suit land by lapse of time for want of redemption, stands decreed.

(2.) The case pleaded by the plaintiff/respondents was, that the predecessors-in-interest of the defendant/appellant had mortgaged the agricultural land measuring 36 Kanals 8 Marlas situated at village Madhika, Tehsil Ferozepur Jhirka, District Gurgaon, as fully detailed in para 1 of the plaint, in favour of the predecessors-in-interest of the plaintiff/respondents about 50 years ago. As the predecessors-in-interest of the defendant/appellant failed to get the property redeemed, as such, the plaintiffs had become owners in possession of the suit land.

(3.) The suit was contested by the defendant/appellant, by raising preliminary objections of estoppel, mis-joinder and non-joinder of necessary parties. The locus standi of the plaintiffs to file the suit was also challenged.