GURCHETAN SINGH Vs. LAL SINGH

JUDGEMENT

(1.) This Regular Second Appeal has been preferred by the plaintiffs whose suit for declaration to the effect that they have become owners in possession of the subject land, has been dismissed by both the Courts.

(2.) Shorn of unnecessary details, it appears that the subject land was previously owned by Munshi who mortgaged the same in favour of Jhalmar Singh and Mohan Singh- predecessors-in-interest of the plaintiff appellants in the year 1944 for a consideration of Rs. 170/-. Munshi had two sons, namely, Khusia and Mallu. Smt. Karmi the deceased-respondent is widow of Mallu.

(3.) It also appears that when the respondent-defendant asserted her right as owner in possession of the subject land, the plaintiff-appellants filed the present suit claiming, inter-alia, that the mortgage executed in the year 1944 was never redeemed and the statutory period of thirty years having expired, they have become owners in possession of the subject land.