YAD RAM Vs. DAYA RAM

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree dated January 18, 1978 of the learned Additional District Judge, Gurgaon, whereby he allowed the appeal filed by the defendants-respondents and set aside the judgment and decree dated June 7, 1976 of the Subordinate Judge Ist Class, Ballabhgarh decreeing the plaintiffs-appellants' suit for possession by way of redemption of the suit property on payment of Rs. 325/-. It has been filed in the following circumstances :-

(2.) The pleadings of the parties gave rise to the following issues :-

(3.) The learned trial Judge decided issue No. 1 in favour of the plaintiffs. Issue Nos. 2 and 3 were decided against the defendant and the suit of the plaintiffs was decreed. Under issue No. 1, the learned trial Judge held that the predecessors-in-interest of the plaintiffs had mortgaged the suit land with Shiv Shankar. He also held that all the necessary parties had been joined in the suit and that the suit was not liable to be stayed.