- (1.) Plaintiffs-Raj Karan Singh and Sukhdev Singh sons of Ajit Singh who were successful in the trial Court but have been non-suited by the lower Appellate Court are in second appeal.
(2.) Case of the plaintiffs is that the suit land was mortgaged with possession by predecessor in interest of the defendants/respondents with Ajit Singh father and predecessor of the plaintiffs/appellants and the mortgage was not redeemed within limitation period and therefore, plaintiffs have become owners of the suit land by eflux of time. In the alternative, the plaintiffs also claimed to have become owners of the suit land by adverse possession. Accordingly, besides seeking declaration to this effect, plaintiffs also sought permanent injunction.
(3.) Only defendant No.1 contested the suit whereas remaining defendants were proceeded ex parte.;