CHANAN SINGH Vs. SHANKAR SINGH

JUDGEMENT

(1.) This is defendants' second appeal against whom a suit for declaration has been decreed by both the Courts below.

(2.) The plaintiff and defendants Nos. 5 to 7 are brothers. According to the plaintiff his father Sadhu Singh was the mortgagee in possession from Batna, father of defendants Nos. 1 to 4 in respect of the suit land measuring 27 Kanals 3 Marlas vide mortgage deed dated 27.5.1946. During consolidation Khasra numbers of this land were changed and new Khasra numbers were allotted. The plaintiff further avers that his father was dispossessed from the suit land forcibly and, therefore, he brought a suit for possession and the same was decreed vide judgment dated 22.8.1973. An appeal against the said judgment was also dismissed on 16.10.1976. The father of the plaintiff died during pendency of the appeal and the plaintiff and his brothers, defendants Nos. 5 to 7, were impleaded as legal representatives and they were put in physical possession of the suit land on 21.9.1977 through the revenue agency in execution of the decree dated 22.8.1973. The plaintiff stated that mortgage was created with possession on 27.5.1946 and the limitation period of 30 years of redemption had also expired. Since defendants Nos. I to 4 threatened to dispossess the plaintiff and defendants Nos. 5 to 7 from the suit property, they filed the present suit.

(3.) In the written statement the defendants simply denied the suit of the plaintiff, the trial Court found that the plaintiff and defendants Nos. 5 to 7 have become full owners of the suit property and the mortgage has become irredeemable by the lapse of time. The possession of defendants Nos. I to 4 with respect to the suit land was held to be illegal. Consequently, the plaintiff's suit for declaration was decreed on 23.10.1978.