SOHAN SINGH Vs. KAPUR SINGH

JUDGEMENT

(1.) This appeal is preferred by the defendant Sohan Singh against the judgment and decree passed by the trial Court which was affirmed in appeal by Additional District Judge, Kapurthala.

(2.) Briefly stated the case of the plaintiffs is that they are owners of the land measuring 6 Kanals 16 Marlas fully detailed in the plaint, on account of the fact that they being mortgagees from Labh Singh the land has not been redeemed for over a period of 30 years. The unassailable findings recorded by the Courts below are that Labh Singh, predecessor-in-interest of defendants No. 1 to 6 mortgaged the suit land with possession to Karnail Singh and that predecessor-in-interest of the plaintiffs remained in possession of the land as mortgagee. After the death of predecessor-in-interest of the plaintiffs, the plaintiffs themselves were in possession of the suit land and that till such time the suit was filed i.e. in 1984, no steps whatsoever were taken by Labh Singh to redeem the land. The aforesaid facts are not proved only from mutation that came into being but also from excerpt Ex. P-1.

(3.) The learned counsel for defendant-appellant Sohan Singh had not been able to point out anything that might require interference in the concurrent finding of fact recorded by the Courts below. He, however, strenuously contends that the land subject matter of mortgage was owned by two brothers i.e. Labh Singh and Sohan Singh appellant and inasmuch as Labh Singh alone had mortgaged the land, the plaintiffs, at the most would become owners of the same to the extent of 1/2 share belonging to Labh Singh and, therefore, the decree granted by the Courts below representing the share of appellant Sohan Singh also cannot be sustained.