SHAMNI KANT Vs. KRISHAN KUMAR

JUDGEMENT

(1.) DEFENDANTS including legal representatives of defendant No.1- Jamni Dass since deceased, have filed this second appeal, having failed in both the courts below.

(2.) RESPONDENT-plaintiff Krishan Kumar filed suit against defendants/appellants alleging that he is owner in possession of the suit land having inherited it from his ancestors. However, defendants are wrongly recorded to be mortgagees of the suit land in the revenue record. On request, the defendants refused to get the said entry corrected. The defendants rather filed civil suit against the plaintiff in the year 1990 seeking declaration that they had become owners of the suit land since the plaintiff failed to redeem the mortgage within limitation period of 30 years. The said suit was dismissed by the trial Court vide judgment and decree dated 01.09.1994 and appeal against the same was dismissed vide judgment and decree dated 09.10.2002. RSA NO.1946 OF 2012

(3.) THE defendants controverted the averments made in the plaint. It was denied that plaintiff is owner in possession of the suit land. It was pleaded that defendants are mortgagees of the suit land. Plaintiff had to redeem the mortgage. However, he failed to redeem the mortgage within limitation period of 30 years. Defendants have, therefore, become owners of the suit land by foreclosure of mortgage. In the previous suit filed by the defendants, the mortgage was held to be simple mortgage without possession in favour of the defendants. But the mortgage still subsists. Various other pleas were also raised.