SUKHDEV SINGH Vs. CHAJJU RAM

JUDGEMENT

(1.) The appellants-defendants have preferred this Regular Second Appeal (hereinafter referred to as "RSA") challenging the judgments and decrees rendered by the Courts below, seeking appropriate relief against the findings and directions contained therein. Appellants-defendants filed this RSA against the judgments and decrees passed by Courts below.

(2.) In brief, the respondent-plaintiffs filed a suit for possession of the suit land measuring 10 Kanals 1 Marla, alleging that half of the land, measuring 12 Bighas 10 Biswas as per the Jamabandi for the year 1917-18, was jointly held by Chanan Singh, Dalip Singh, and Partap Singh, while the remaining portion was owned by Daya Singh. Prior to 1917-18, Daya Singh had mortgaged 6 Bighas 5 Biswas, along with possession, to Chanan Singh, Dalip Singh, and Partap Singh, who subsequently came into possession of the entire land as predecessors-in-interest of the plaintiffs.

(3.) The suit was contested by the appellant-defendants, who initially denied the factum of the mortgage and subsequently advanced an alternative plea that the mortgage had been redeemed within the stipulated period. Upon a careful examination of the pleadings of the parties, the Court framed the following issues for determination, in order to effectively adjudicate the rival contentions between the parties:-