- (1.) This regular second appeal is directed against the judgment and decree of the first appellate Court reversing on appeal those of the trial Court and decreeing the suit for possession by redemption of 2/3rd share of the mortgaged land in dispute.
(2.) The facts : Dial Singh, Thakar Singh sons of Bhagat Singh, Sunder Singh, Inder Singh sons of Banna Singh, owners of land measuring 13 Kanals 16 Marlas comprised in Khasra Nos. 14 / 14 / 1, 13 / 3, 14 / 1 and 14 / 2 situated in village Khara, Tehsil Tarn Taran, District Amritsar. They mortgaged this land with possession for 12 years with Dalip Singh, predecessor-in-interest of the appellants and respondents 4 to 6 (hereinafter referred to as the defendants) for Rs. 17,440.00- vide registered mortgage deed dated 5/04/1973. The plaintiffs (respondents 1 to 3 in this appeal) purchased 2/3rd share of the aforesaid land measuring 13 Kanals 15 Marlas vide registered sale deed dated June 26, 1980 from Hira Singh, Jarnail Singh sons of Sunder Singh son of Banna Singh, Harbans Singh son of Gian Singh and Sewa Singh and Charan Singh sons of Inder Singh, after the death of the original mortgagors. The plaintiffs filed a suit for redemption of 2/3rd share of the mortgaged land on payment of the proportionate mortgage amount of Rs. 11,667.00. They also challenged the order of the Collector 1st Grade, Tarn Taran vide which their application for redemption was dismissed under the Redemption of Land Mortgages Act.
(3.) The suit was contested by the defendants, namely, Harbhajan Singh, Dilbag Singh and Smt. Surjit Kaur. They pleaded adverse possession and that suit for redemption was not maintainable as their application filed for redemption was earlier rejected.;