NAGINA SINGH Vs. DHARAM BIR SINGH

JUDGEMENT

(1.) The present appeal has been preferred by the defendant-appellants aggrieved by the judgment and decree dtd. 27/1/1995 passed by the First Appellate Court reversing the judgment and decree dtd. 24/1/1994 passed by the Trial Court.

(2.) The brief facts relevant to the present lis are that the plaintiff-respondent herein filed a suit for declaration that he had become owner of the suit land by efflux of time. The case set up was that defendant - Nagina Singh - was owner of the land measuring 02 kanals 19 marlas being 1/5th share of the land measuring 14 kanals 10 marlas and the land was mortgaged with possession in favour of the plaintiff-appellant vide mortgage deed dtd. 23/12/1959 for a consideration of Rs.500.00 and the mutation being mutation No.239 was also sanctioned in favour of the plaintiff-respondent and since the land has not been redeemed, hence, the plaintiff-respondent had become owner of the suit land by efflux of time. Written statement was filed by the defendant-appellant who stated that the mortgage money amounting to Rs.2,000.00 stood paid on 13/6/1989 through Court of the Collector, Thanesar and the property stood redeemed and that inadvertently in the order passed by the Collector the Khasra Nos.13 and 14 were not mentioned. On the basis of pleadings of the parties the following issues were framed :

(3.) The Trial Court dismissed the suit vide judgment and decree dtd. 24/1/1994. Aggrieved by the same an appeal was preferred by the plaintiff-respondent which appeal was allowed vide judgment and decree dtd. 27/1/1995. Hence, the present regular second appeal by the defendant-appellant.