DALEL SINGH AND OTHERS Vs. RAMPAL AND OTHERS

JUDGEMENT

(1.) Plaintiffs-Appellants are in the regular second appeal against the concurrent finding of fact arrived at by the Courts below dismissing the suit for declaration that the order passed by the Collector under Redemption of Mortgages (Punjab), Act, 1913 is wrong and illegal with a consequential relief of permanent injunction.

(2.) Detail facts have been noticed by the Courts below. However, to complete narration of facts, the necessary facts are being noticed.

(3.) Yaad Ram was owner of 47 bighas and 8 biswas of land vide sale deed dated 26.06.1879 (Ex. P-3). He sold 23 bighas and 14 biswas of land in favour of predecessor-in-interest of the plaintiffs for a sum of Rs.200.00. After little more than one year i.e. on 05.08.1880, he also mortgaged 23 bighas and 14 biswas of land (equivalent to the land sold) for a sum of Rs.225.00 in favour of predecessor-in-interest of the plaintiffs. The plaintiffs filed a suit for declaration claiming that they have become owners as limitation for redemption of the mortgage has elapsed. The suit was dismissed vide judgment and decree dated 28.05.2005. The plaintiffsappellants filed appeal, however, during the pendency of the suit, the plaintiffs-appellants withdrew the suit on 09.09.2008. No permission of the Court to file the fresh suit was sought.