MOHAMMAD KAMIL Vs. MUHAMMAD SALIM

JUDGEMENT

(1.) This is a plaintiffs appeal and arises out of a suit for a declaration that the plaintiffs are the owners of certain zamindari share in mahal 5 of mauza Hatwa, and in the alternative for recovery of possession of that share by redemption of a mortgage.

(2.) The suit was decreed by the trial Court, but it was dismissed by the lower appellate Court on the ground that the defendants had prescribed a title to the share in dispute by adverse possession for more than 12 years. There is no controversy about the facts. Jagram Singh and others owned a 4 pie and 14 chhataks share in mahal 2 and 3 pies 13 chhataks and 476 tiles in mahal 5, Hatwa. On 18 December 1909 they usufructuarily mortgaged their entire share in mahal 2 to defendant 1 and the predecessors-in-title of the other defendants for a sum of Rs. 107. Thereafter the mortgagees applied for mutation of names and, by mistake, their names were entered as mortgagees, not only as against the share of the mortgagors in mahal 2, but also as regards their share in mahal 5.

(3.) On 14 May 1914, the mortgagees purchased 2 pies 15 chhataks-share of mahal 2 from the mortgagors, and a portion of the sale consideration was set off in liquidation of the mortgage debt to the extent of Rs. 60.