TARA SINGH Vs. AMRIK SINGH

JUDGEMENT

(1.) THE defendants are in second appeal.

(2.) THE plaintiffs, who are mortgagees of the land in dispute with possession, filed a suit for declaration claiming ownership on the ground that the land has not been redeemed by the defendants for more than 30 years, therefore, their right of redemption has been extinguished by efflux of time.

(3.) AMAR Singh, mortgagor died leaving behind two sons Niranjan Singh and Harnek Singh. Both of them have also died. Defendants No. 1 to 3 are son, daughter and widow of Harnek Singh and defendants No. 4 to 6 are son, daughter and widow of Niranjan Singh. Defendants inherited the land which was under mortgage with possession on the basis of mortgage deed, therefore, they are the mortgagors. Kishan Singh had died leaving behind two sons Amrik singh and Kehar Singh. Kehar Singh also died leaving behind plaintiffs Piara Singh and Shingara Singh and his widow Smt.Dhan Kaur. Plaintiff Dhan Kaur had also died. Plaintiff No. 1 is the mortgagee with possession of 1/2 share of the land in dispute whereas plaintiffs No. 2 and 3 are the mortgagees with possession of remaining 1/2 share of the land in dispute.