LACHHMI RAM Vs. KIRPA NAND

JUDGEMENT

(1.) THIS judgment shall dispose of Regular Second Appeal filed by the appellants under Section 100, C. P. C. against the judgment and decree passed by the learned District Judge, Solan on 26-12-1994 reversing the judgment and decree passed by the learned Sub-Judge, Kandaghat, vide which the suit of the appellants was decreed and they were declared absolute owners of the suit property and were also held entitled to possession of the suit land.

(2.) BRIEFLY stated the facts of the case are that the suit land owned by one Het Ram who mortgaged it with Deep Ram and Anokhi ram. Het Ram was succeeded by his son badri Dutt and widow Devkoo. Badri Dutt also left behind Devkoo as the sole owner of this property and she made a gift of this property in favour of defendant Nos. 1 to 3. Deep Ram and Anokhi Ram transferred the mortgagee rights in favour of one Gursaran in the year 1952 A. D. who had four children, namely, Kanhya, Umed Ram, dashodha and Nainawati. Thus the mortgagors became the defendant Nos. 1 to 3 and became the children of Gursaran by derivative titles. An application was moved by defendant Nos. 1 to 3 under Section 4 of the h. P. Redemption of Mortgages Act, 1971 on 1-6-1977 before the Assistant Collector 1st grade, Kandaghat and that application was allowed by the Assistant Collector 1st Grade. A suit was filed by Kanhya one of the mortgagees. In view of the order passed by the assistant Collector 1st Grade, the possession was taken back by defendant Nos. l to 3 and in the suit filed by Kanhya, he challenged the order of the Assistant Collector 1st Grade that this application was filed by the defendants after expiry of 30 years from the date of mortgage and the mortgagees had become owners by efflux of time.

(3.) THE contesting defendants supported the order of redemption being legal and possession was taken by them legally,