SHANTI Vs. CHHOTO

JUDGEMENT

(1.) THIS is plaintiffs' second appeal whose suit for the declaration has been dismissed by both the Courts below.

(2.) THE plaintiffs filed the suit on the allegations that Mst. Ram Kaur mortgaged the property, in dispute with Raja Ram for Rs. 135 and 10 annas on the 10th Phagan 1957 Bk. And delivered its possession to the mortgagee. Raja Ram, mortgagee, is dead and the plaintiffs are his heirs. Mutation of the estate left by Raja Ram, mortgagee, had been sanctioned in their favour. Mst. Ram Kaur, the mortgagor, is also dead and Mst. Chhoto is her heir. The mutation in respect of her estate has been sanctioned in her favour. The limitation for redemption had expired and as such, they had become the owners of the property, in dispute. The limitation for redemption was stated to be 60 years from the date of the mortgage. Hence the suit for the declaration to the effect that they were not owners of the suit property. The suit was contested and it was pleaded that the right of redemption still existed. The trial Court found that the plaintiffs had not become the owners of the suit land by prescription, as alleged. As a result, their suit was dismissed. In appeal, the learned Additional District Judge, affirmed the said finding of the trial Court and, thus, maintain the decree dismissing their suit. Dissatisfied with the same, they have come up in Second Appeal to this Court.

(3.) DURING the pendency of the appeal, the defendants-respondents filed Civil Miscellaneous Application No. 890-C of 1983, wherein certain subsequent events were pleaded and it was prayed that the appeal he dismissed as having become infructuous on account of those subsequent events.