MUNNI @ ANITA AND OTHERS Vs. BIMLA AND OTHERS

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree dated 06.05.1987 whereby the first Appellate Court has allowed the plaintiff's appeal and after setting-aside the judgment and decree of the trial Court, decreed the suit for declaration to the effect that the respondent-plaintiff alongwith proforma-defendants are owners in possession of the land in dispute because the right of the appellants to get the suit land redeemed had "extinguished".

(2.) The facts may be noticed briefly.

(3.) Predecessor-in-interest of the appellants, namely, Mange was owner of land measuring 15 kanal 8 marlas situated within the revenue estate of village Kalwas, district Bhiwani. Mange mortgaged his land in favour of Binja who happened to be maternal-grand-father of defendant Nos.8 to 13. Binja-mortgagee further mortgaged this land with possession in favour of Sheo Chand-father of the plaintiffrespondent and proforma defendant Nos.14 & 15, for a sum of Rs.45/- on 03.05.1937. Mutation No.318 dated 08.06.1937 was sanctioned to this effect.