JASWANT KAUR Vs. DES RAJ

JUDGEMENT

(1.) In this Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908 the judgment and decree dated 26/6/1998 passed by the District Judge, Solan camp at Nalagarh, in Civil Appeal No. 64-NL/13 of 1995, affirming the judgment and decree dated 29/4/1995 passed by the Sub Judge, 1st Class, Nalagarh, District Solan, H.P. in Civil Suit No. 305/1 of 1989 has been assailed. The Courts below dismissed the plaintiffs' suit for declaration that with the mortgagors' right of redemption having come to an end due to efflux of time, the plaintiffs have become owners of the mortgaged land.

(2.) The appellants herein are the original plaintiffs and/or their legal representatives. For the purposes of adjudication of the present appeal, original plaintiffs are referred to as the plaintiffs. The respondents herein are either the original defendant Nos. 1 to 17 and/or their legal representatives and hence for the purposes of adjudication of the present appeal are referred to as the contesting defendants.

(3.) Brief facts necessary for adjudication for the present appeal are as under :- The plaintiffs filed a suit for declaration that they have become owners of land measuring 6 Bighas 11 Biswas, comprised in K/K No. 24/24 min, Khasra No. 44, situated in the area of Village Dattowal, Tehsil Nalagarh, District Solan, H.P. (hereinafter referred to as the suit land). It is their pleaded case that Shri Labhu and Datta Ram, predecessor-in-interest of the contesting defendants, who were the owners of the suit land, on 21-6-1958 mortgaged it for a sum of Rs. 5000/- with Smt. Uttami, predecessor-in-interest of the plaintiffs and pro forma defendants 18 to 23 (hereinafter referred to as the pro forma defendants), when the possession of the same was also handed over to her, but, however, due to fiduciary relationship between the parties, entry of mortgage could not be incorporated in the revenue record. In April 1989, the contesting defendants forcibly dispossessed the plaintiffs from the suit land by claiming themselves to be owners thereof. With the expiry of the period of redemption of mortgage of 21-6-1988, and the cause of action having been lost with the efflux of time and also by forcible dispossession, the plaintiffs by held to be owners and put back in possession thereof.