CHANO Vs. PARTAP

JUDGEMENT

(1.) This is defendant's regular second appeal.

(2.) Plaintiffs filed a suit for declaration that the mortgage in dispute stands foreclosed and that the plaintiffs have become owners of the suit land and that the defendants be restrained from interfering with their possession over the suit land.

(3.) Briefly put, it is the case of the plaintiffs that originally one Sis Ram 0s/o Badlu mortgaged with possession his agricultural land fully described in para No. 1 of the plaint to one Bhola mutation of which was attested on 11.11.1925. Sub -sequently, Chandgi s/o Bhola sold his mortgage rights to Baldeva and Banwari and mutation was sanctioned on 12.7.1984. After the consolidation of holdings in the village, area measuring 22 Kanals 2 Marias was allotted in lieu of the land originally mortgaged by Sis Ram. Since the mortgagors have lost their right of redemption, the mortgage stands foreclosed as the same had not been redeemed within a period of thirty years.