(1.) This appeal is directed against judgment, decree dated 12.4.2001 passed by learned District Judge, Una, in Civil Appeal No. 123 of 1996 partly reversing judgment, decree dated 30.9.1996 passed by learned Senior Sub Judge, Una in Civil Suit No. 146 of 1990.
(2.) Briefly stated facts are that respondent Jamna Dass had filed a suit for declaration that he had been coming in possession of land measuring 0-15-63 Hectares, comprised in Khasra No. 296 village Gharial, Tehsil Una as mortgagee, now he has become owner of said land by afflux of time. The entries in revenue record of the suit land appearing in the names of the appellants showing them mortgagors in possession as Kasht Rahin are wrong, illegal and have no bearing on the ownership and possessory rights of the respondent over the suit land.
(3.) It was alleged that the suit land was originally owned by Sadhu, who about 50 years ago mortgaged the suit land alongwith some other land in favour of respondent. The respondent had been coming in possession of suit land as mortgagee. Dev Raj predecessor-in-interest of the appellants and one Jagdish Ram purchased the ownership rights and became mortgagors of the land. The land was never redeemed, therefore, appellants have lost their rights of redemption. The respondent has become owner of the suit land by afflux of time and foreclosure of equity of redemption.