JASPAL KAUR Vs. MAHINDER SINGH

JUDGEMENT

(1.) THE defendant is in second appeal aggrieved against the judgment and decree passed by the Courts below, whereby suit for declaration that the plaintiff-respondents have become owner of the suit land on the basis of adverse possession, as suit property was not redeemed by the defendant within the stipulated period, was decreed.

(2.) IT is the case of the plaintiffs that Bikram Singh and Gurdial Singh, vide registered mortgage deed dated 13.3.1947 got their land mortgaged with Hazara Singh, father of plaintiff Nos. 1 to 4 and plaintiff Nos. 5 to 7, for a sum of Rs. 12,000/-. A mutation to this effect was entered and sanctioned on 6.5.1947. After the partition of the country, Gurdial Singh and Bikram Singh filed their claims for the lands and got sanctioned in the said claims that the land of each member is mortgaged with Hazara Singh and others for a sum of Rs. 12,000/-. Despite several requests, the defendants totally refused to admit the claim of the plaintiffs over the suit land and that the defendants failed to get their lands redeemed within the prescribed period of 30 years from the date of mortgage and, thus, the plaintiffs are the owners of the suit land.

(3.) THE present appeal was admitted for final hearing on 28.2.2005 in the presence of Mr. Suresh Monga, Advocate, for respondent Nos. 1 and 2, on the following substantial question of law :