MOHAN SINGH Vs. DOGAR SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 2-8-1980 passed by the Additional District Judge, Amritsar, by which the appeal filed by the plaintiff-appellants was dismissed.

(2.) Mohan Singh and others filed the suit for possession of the land in suit by redemption. It was alleged by the plaintiffs that they were the owners of the suit land and Dogar Singh defendant was in possession of the same as mortgagee. It was alleged further that in the year 1954, Dogar Singh had paid Rs. 500/- to the actual mortgagees and had purchased the mortgagee rights and had become the mortgagee of the suit land. Gurdit Singh, son of the owners, sold one-half share of the land to the plaintiffs by means of a sale dated 24-2-1966 and as such the plaintiffs became the mortgagors.

(3.) The suit was resisted and in the written statement it was pleaded that the mortgage, in question, had not subsisted and the mortgagee had become the owner by efflux of time. The locus standi of the plaintiffs to file the suit was also disputed.