DHARU RAM Vs. LADHA RAM

JUDGEMENT

(1.) The present appeal has been preferred by the defendantappellant against the concurrent findings of both Courts below decreeing the suit for declaration filed by the plaintiff-respondent No.1.

(2.) The brief facts relevant to the present lis are that the present suit was filed by the plaintiff-respondent No.1 averring therein that the predecessors-in-interest of the plaintiff-respondent No.1 and the defendants were originally residents of Tehsil Dera Gazi Khan, which now forms a part of Pakistan, and that they migrated to India in 1947. It is the case set up by the plaintiff-respondent No.1 that Topan Ram predecessor-in-interest of the defendants had mortgaged with possession the land measuring 46 Kanals and 8 Marlas being 5/8th share in Village Yaru, Tehsil Dera Gazi Khan with Khota Ram father of Ladha Ram, plaintiff-respondent No.1, for a sum of Rs.2700.00 by way of registered mortgage deed dtd. 3/7/1920. It is further the case that land measuring 25 kanals 15 marlas bearing Killa Nos.22/2 and 23 of Rect. No.107 and Killa Nos.3 and 8 of Rect. No.110 situated in Village Likhi, Tehsil Palwal, District Faridabad was allotted to Topan Ram and his successors-in-interest in lieu of the land which was mortgaged in Pakistan. It is further the averment that Topan Ram or his successors have failed to redeem the mortgage within a statutory period of 30 years and as such the plaintiff-respondent No.1 had become owner in possession of the land by lapse of time.

(3.) The suit was contested by the defendants wherein the mortgage was denied. On the basis of the pleadings of the parties, the following issues were framed :