GURBAZ SINGH ALIAS BAJA SINGH Vs. BHAL SINGH

JUDGEMENT

(1.) THE plaintiff is in second appeal arising out of the judgment and decree passed by the learned Courts below dismissing his suit for possession of land measuring 321 Kanals 13 Marlas.

(2.) THE plaintiff and defendants No. 9 to 15 claim to be the owners of land measuring 321 Kanals 13 Marlas being the descendants as well heirs and successors of Phulla Singh s/o Partap Singh. Defendants No. 1 to 8 are alleged to be in illegal and unauthorized possession of the suit land. It was pleaded that Sunder Singh, brother of Phulla Singh, has never mortgaged any land with the predecessor-in-interest of defendants No. 1 to 8 and, thus, the plaintiff claimed possession of the suit land as owner. In the alternative, it was pleaded that if it is held that defendants Nos. 1 to 8 are the mortgagees then the plaintiff claimed a decree for possession by redemption of the mortgage.

(3.) ONE of the issues framed was whether the plaintiff and defendants No. 9 to 15 are the owners of the suit land and whether the suit land was mortgaged with defendants Nos. 1 to 8 and they have become owners of land by prescription. Both the learned Courts below have returned concurrent finding of fact on the basis of revenue record Exhibit P-2 and P-3 that the plaintiffs are the owner of the suit land. The Court also considered the entire evidence of the defendants to the effect that the predecessor-in-interest of the plaintiff and defendants No. 9 to 15 had mortgaged the land in West Pakistan with the predecessor-in-interest of defendants No. 1 to 8 and after partition the suit land was allotted to them in lieu of the land left by them in Pakistan. Thus, it was alleged that they are in possession of the same as mortgagees and thereafter they have become owners as plaintiff has failed to redeem the same within the prescribed period. Issue No. 3 which is a material issue reads as under :-