ROSHAN LAL Vs. HARI KISHAN AND OTHERS

JUDGEMENT

(1.) This is an appeal filed by the defendants in the original suit challenging the judgment and decree passed by the lower Appellate Court; which had reversed the judgment and decree passed by the Trial Court and had ordered the suit filed by the plaintiffs to be decreed.

(2.) For convenience, the parties would be referred herein as the plaintiffs and the defendants; as they were described in the original suit.

(3.) The brief facts of the case are that the plaintiffs/respondents No. 1 to 4 herein filed a suit for declaration that they have become the owner in possession of the agricultural land; total measuring 6 Kanals 16 marlas comprised in Killa no. 15/17 situated in revenue estate of Village Jawahari, District Sonepat. It was averred in the suit that one Jesse Ram, father of the defendants, was the owner in possession of the agricultural land situated in Village Yakian Wali, Tehsil Alipur, District Mazaffar Garh, now in Pakistan and he had mortgaged this land in favour of Lekh Raj, the father of the plaintiffs. During the partition, both the parties left Pakistan and migrated to India. In view of the agricultural land, left behind by Jesse Ram in Pakistan, he was allotted the agricultural land in India, the details of which are mentioned in the plaint and are as mentioned above. It was further averred that since the plaintiffs were the mortgagees over the holding of the defendants, therefore, they were given the mortgagee rights over the land allotted to the defendants in India. Accordingly, the entries were made in the revenue records. The plaintiffs further averred that Jesse Ram died on 01.02.1958 leaving behind Smt. Devi Bai and others. Devi Bai also died. This is how the present defendants are the successor-in-interest of mortgagor. The plaintiffs are successorin-interest of Lekh Raj, mortgagee. The claim of the plaintiffs was based on the fact and with the averment that the mortgagor could have redeemed the equity of redemption only upto the period of 30 years from the date of mortgage. Since he has not done so, therefore, the plaintiffs have a right to foreclose the redemption and they are entitled to get the declaration having become owner in possession of the land mortgaged to them.