- (1.) Present regular second appeal against the judgment anddecree dated 30.11.2011, passed by learned Additional District Judge, Tarn Taran, whereby judgment and decree dated 4.1.2010, passed by learned Civil Judge (Senior Division), Tarn Taran was set aside and suit of the plaintiffs was decreed.
(2.) For the sake of convenience, parties are being referred to as per their status before the Court of first instance.
(3.) Relevant facts of the case that plaintiffs filed a suit for declaration that they have become owner in possession of the suit land measuring 3 kanals 16 marlas situated in the area of village Ram Rauni Tehsil Tarn Taran on lapse of equity of redemption with consequential relief of permanent injunction restraining defendant No.1 from alienating the suit land or from dispossessing the plaintiffs forcibly and illegally. As per plaintiffs, Hazara Singh took the land on mortgage with possession on 27.2.1951 for a consideration of Rs. 1,300/- vide registered mortgage deed of the same date. During consolidation of holdings, khasra No. 470(4-12) changed to khasra No. 22/11/1(3-16) as entered in copy of jamabandi for the year 1957-58. Mutation on the basis of mortgage deed was sanctioned in favour of Hazara Singh and the entry as such continued to be reflected in his name from 1957-58 to 2000-01. Hazara Singh died on 28.10.1964 and his estate including the suit land was inherited by the plaintiffs and thereafter plaintiffs continued to be in possession till date. The suit land was not got redeemed within stipulated period of thirty years which expired in the month of Chet 1982 and as such plaintiffs have become owner of the suit land by afflux of time.;