KAHAN SINGH Vs. GURDIP SINGH

JUDGEMENT

(1.) This is defendants' appeal against the concurrent findings of both the Courts below.

(2.) The facts of the case in brief are that proforma respondents-defendants No.4 and 5 being owners of the suit land, i.e., agricultural land measuring 61 kanal 7 marlas, mortgaged it with the respondents-plaintiffs No.1 and 2 (hereinafter, referred to as 'plaintiffs') for a sum of ' 4,500 on 17/10/1951. They later sold the suit land to appellants-defendants No.1 to 3 (hereinafter, referred to as 'defendants'). The possession, however, remained with the plaintiffs as being mortgagees. It was pleaded, as the mortgage in question was not redeemed by the original mortgagors or their vendees/defendants within the prescribed limitation period of 30 years, the plaintiffs had become full-fledged owners of the suit land by efflux of time; therefore, declaration to that effect be issued.

(3.) Defendants contested the suit by admitting that respondents No.4 and 5, original owners of the suit land, sold it to them on 15/6/1956 for a sum of ' 4,500. They, accordingly, became owners in possession of the land. The encumbrance on the land was got removed on payment of mortgage amount to the plaintiffs' father on 14/6/1956. Therefore, the plaintiffs neither have any right, title or interest in the suit land, nor can they be declared owners thereof, nor can any prohibitory injunction in their favour be issued.