- (1.) We have heard the learned counsel for the appellants - plaintiffs. None has appeared on behalf of the respondents - defendants in spite of due service of notice.
(2.) The plaintiffs' suit for declaration of title on the basis that the defendants who had mortgaged the suit land had failed to redeem the same was dismissed by the learned trial Court. To dismiss the claim of the plaintiffs the learned trial Court relied upon the Mutation Entry No.1280 dated 8th August, 1964 and a receipt dated 11th April, 1963 showing payment of the mortgage amount by which the name of the defendants were entered in the revenue records. The learned trial Court accepted the authenticity of the said Mutation Entry notwithstanding the objections of the plaintiffs that the correct mutation entry indicated that only one-sixth (?th) of the mortgaged property was redeemed. However, no material was laid in this regard by the plaintiffs.
(3.) The first appellate court permitted additional evidence to be brought on record and on consideration of such additional evidence came to the conclusion that the redemption of the mortgaged property was only to the extent of one-sixth (?th) and such partial redemption would not operate as a redemption of the entire property. Accordingly, the suit of the plaintiffs was decreed.;