MALKIAT KAUR Vs. MUKHTIAR KAUR

JUDGEMENT

(1.) The present appeal has been preferred by the plaintiff-appellants challenging the concurrent findings returned by the Trial vide judgment and decree dtd. 2/8/2017 and by the First Appellate Court vide judgment and decree dtd. 15/7/2019.

(2.) The brief facts relevant to the present lis are that the plaintiff- appellants herein filed a suit for declaration. It was averred in the plaint that the plaintiff-appellants are mortgagees and that the mortgagors had failed to redeem the land for the last more than 30 years and now the right of redemption stood extinguished on account of lapse of time and the plaintiff- appellants were entitled to be declared as owners of the said land. It was further averred that the defendant-respondents had succeeded in getting the sanction of inheritance vide mutation Nos.10571 and 10572 in their favour which was totally illegal and liable to be quashed as they were not related to the original owners. It was further the case that the defendant-respondents were not legally competent to get the land redeemed as they were not the legal heirs of the original owner.

(3.) On notice the defendant-respondents appeared and filed their written statement raising various preliminary objections and stated that the plaintiff-appellants have no right to retain the possession of the suit property and that the defendant-respondents were willing to get the property redeemed however the plaintiff-appellants refused and that the redemption proceedings were pending in the Court of Sub Divisional Magistrate, Dharamkot, District Moga.