- (1.) The unsuccessful defendants have come up in regular second appeal against the judgment and decree of the first appellate Court affirming on appeal those of the trial Court, whereby the suit of the plaintiffs for declaration that the order of the Collector, Sunam dated January 31, 1973 redeeming the suit property was bad in law was decreed.
(2.) The Facts :- Bhagwan Singh son of Jita Singh was the owner of the suit land measuring 37 Kanals 8 Biswas. He had mortgaged that land with Saon Singh, Mukand Singh, plaintiffs, Teja Singh defendant and Basant Singh for Rs. 2700/- vide mortgage deed dated 1.3.1994 B.K. (June 16, 1973). He created second mortgage in favour of the plaintiffs for a sum of Rs. 3,000/- on 7.2.2000 B.K. In lieu of the mortgage land, land measuring 43 Kanals 12 Marlas was allotted in consolidation. On the death of Bhagwan Singh, his inheritance devolved upon the plaintiffs, Mohinder Singh and Teja Singh (defendants No. 3 and 4 respectively) to the extent of 1/4th share each. Bhagwan Singh also owned 91 Bighas 2 Biswas of agricultural land and on his death, the plaintiffs became the owner of 1/2 share of that land. The successors-in-interest of Bhagwan Singh did not partition the estate of Bhagwan Singh. Immediately after the devolution of the succession, Mohinder Singh, defendant No. 3, sold specific field numbers measuring 25 Kanals 2 Marlas vide sale deed dated June 9,1969, to Ajaib Singh and Naib Singh, defendants I and 2 (appellants). Defendants I and 2 filed an application before the Collector for redemption of the land comprised in Khasra Nos. 14/3, 15/1 and 14/2, under the Redemption of Mortgages Act, against the plaintiffs and one Inder Singh. Inder Singh did not contest the claim of defendants I and 2 and redeemed the land comprised in Khasra No. 14/2 on payment of Rs. 500/-. The application for redemption of the mortgage was contested by the plaintiffs. The same was allowed by the Collector vide order dated January 31, 1973 and the land comprised in Khasra Nos. 14/3 and 15/1 measuring 6 Kanals was redeemed on payment of Rs. 142.52. P. The Plaintiffs challenged the order of the Collector dated January 31, 1973 in the civil suit giving rise to this second appeal on the ground that on the date when the application for redemption was filed, the mortgage did not subsist since it was created more than thirty years prior to the filing of the application for redemption and that they had become the owners of the mortgaged land. They further pleaded that Mohinder Singh defendant No. 3 was not competent to alienate specific field numbers to defendants 1 and 2 and on the strength of the sale deed, the latter were not entitled to get the land redeemed.
(3.) Defendants I and 2. contested the suit on the ground that the order of the Collector redeeming the land in suit was valid. They further alleged that after the death of the mortgagor, the mortgagees had inherited his estate to the extent of 1/2 share and integrity of the mortgage had broken and they were entitled to get the land redeemed, which they had purchased from Mohinder Singh, one of the mortgagees, who had become owner thereof.;