D.K. Mahajan, J. - (1.) REGULAR Second Appeals Nos. 863 and 864 of 1960 are directed against the decision of the District Judge, Bhatinda, reversing on appeal the decision of the trial Court decreeing the Plaintiffs' suit. This judgment will dispose of both the regular second appeals.
(2.) IN order to appreciate the controversy, it is necessary to set out a short pedigree -table of the mortgagees: Anokha had two sons, Telu Ram and Kishori Lal. Kishori Lal had four sons, Kanshi Ram, Chandu Lal, Ram Lal and Sehaj Ram. The land in dispute was mortgaged by one Jiwna to Anokha. It seems that Jiwna died childless without leaving any heir and his estate has by escheat vested in the erst wile State of Patiala and East Punjab States Union. Naib Tehsildar sent a note in the following terms to the Tehsildar: It is prayed that arrangement may be made for getting the land redeemed. This note is Exhibit P. 6, and there is no dispute between the parties that it concerns the land which Jiwna mortgaged to Anokha on the 2nd January, 1956. There is an order of the Tehsildar in the following terms: According to the orders of the Deputy Commissioner, Bhatinda, No. 453 dated the 21st December, 1965, file may be started and it should be sent to the Deputy Commissioner, Bhatinda, for being entered in the register. It appears that the file was started and sent to the Deputy Commissioner and on the 7th April, 1956, Exhibit P. 7 is the order passed in the office of the Deputy Commissioner, which is in these terms: Entry be made in the register. Notice be issued to the mortgagees to the effect whether they have any objection to redemption of the mortgage. If they have any such objection, they should come and present the objection by the 27th April, 1956 .
(3.) THE next order is Exhibit P. 8 dated the 27th April 1956, by the Deputy Commissioner - No one present. Telu Ram and Sehaj Ram have not appeared in spite of service. other Respondents not served (the other Respondents, who were not served, being Kanshi Ram, Chandu Lal and Ram Lal). They may be called for the 17th May, 1956.;