RAM SINGH Vs. BELI RAM

JUDGEMENT

(1.) THIS is a regular second appeal against the judgment and decree of the Courts below, decreeing the suit of the plaintiff-respondent for declaration and possession holding that the plaintiff had become owner of the land in dispute by efflux of time as the defendants had failed to redeem the mortgage within thirty years.

(2.) THE plaintiff contended that land measuring 80 Bighas 6 Biswas was mortgaged with him by Har Lal on 25th March, 1947 for Rs. 2,000/-. Mutation with regard to the mortgage was sanctioned on 14th April, 1947. The consolidation took place and land measuring 124 Kanals was allotted in lieu of 80 Bighas 6 Marlas of land held by Har Lal, of which the land in dispute forms a part. The plaintiff purchased 29 Kanals 13 Marlas out of the land mortgaged on 21st June, 1968. Har Lal sold the remaining land, i.e. 93 Kanals 13 Marlas, on 1st June, 1968 to one Hans Ram and Smt. Parmeshwari, who sold specific numbers measuring 16 Kanals to Beli Ram plaintiff on 6th December, 1968. A suit by Tota Ram for pre-empting the sale in favour of Hans Ram and Smt. Parmeshwari was decreed on 3rd October, 1970. Tota Ram further suffered a consent decree transferring one acre of land to each of the three sons of Beli Ram. Tota Ram sold 1233/2786th share, i.e., 30 Kanals 16 Marlas to Beli Ram plaintiff. The remaining 1553/2786th share, measuring, 38 Kanals 17 Marlas of land was sold to Jagmal, who further sold 23 Kanals 8 Marlas of land to defendants Nos. 1 to 3.

(3.) THE defendants denied plaintiff being the mortgagee, and claimed their possession as legal. Numerous other defences like limitation, maintainability of the suit, estoppel by act and conduct in filing of the suit as well as being bonafide purchasers were raised.