MULAKH RAJ Vs. MAYA WANTI

JUDGEMENT

(1.) The present Regular Second Appeal (hereinafter referred to as the "RSA") has been preferred by the appellants-defendants assailing the judgment and decree dtd. 19/2/1997 passed by the learned Additional District Judge, Hoshiarpur, whereby the findings returned by the learned Trial Court were affirmed in toto. The learned Trial Court, vide judgment and decree dtd. 23/9/1994 rendered by the learned Senior Sub-Judge, Hoshiarpur, had decreed the suit filed by the respondents-plaintiffs seeking a declaration. The appellants, by way of the present appeal, impugn the concurrent findings of both the Courts below as being legally untenable and factually unsustainable.

(2.) The appellants' case, as set up in the pleadings, is that the plaintiffs have averred that Nandu, son of Ralla, being the recorded owner of land measuring 10 Kanals 3 Marlas comprised in Khasra No. 1133, situated in Village Hariana, had created a usufructuary mortgage with possession in favour of Dalip Singh and Ishar Singh for a consideration of Rs.150.00 vide a duly registered mortgage deed dtd. 1/4/1958, pursuant to which a corresponding mutation was sanctioned in the revenue record. It is further pleaded that during the consolidation proceedings carried out in or about the years 1961-62, the land presently in dispute, namely Khasra No. 12, Rectangle No. 22, Khewat No. 534, and Khatauni No. 658, was allotted in lieu of the originally mortgaged property, whereupon the mortgagees continued in uninterrupted and settled possession thereof.

(3.) The defendants, while admitting the original mortgage dtd. 1/4/1958 and possession of Dalip Singh up to 14/6/1971, have raised a distinct defence. It is pleaded that Nandu died unmarried, and his estate devolved upon Babu Ram Saini and thereafter upon his successors, including defendant No. 1.