KHIWAN SINGH Vs. ATMA SINGH

JUDGEMENT

(1.) This is a defendants revision petition against an order passed by the learned Additional District Judge, Ferozepur, allowing the plaintiffs-respondents to withdraw from their suit with liberty to institute a fresh one in respect of the same subject-matter.

(2.) Atma Singh and others filed a suit against Khiwan Singh and others for redemption of the land in dispute on the allegations that some land had been mortgaged by their predecessors-in-interest in village Dhul Ghur, District Montgomery, now part of West-Pakistan, in 1930. After partition, land was allotted in lieu of the said land and, after consolidation, the land in suit had come to the defendants.

(3.) The suit was resisted by the defendants, who inter alia pleaded that there was no subsisting mortgage which the plaintiffs could redeem, as the mortgage was more than 60 years old even at the time of the formation of Pakistan.