- (1.) This regular second appeal has been filed by the defendants against the judgment and decree dated 15.12.1986, passed by Additional District Judge, Hoshiarpur vide which the appeal filed by the plaintiffs was allowed and set aside the judgment and decree dated 24.01.1986, passed by the trial Court whereby, the suit of the plaintiffs was dismissed.
(2.) For the sake of convenience, the parties are referred to as they are mentioned in the judgment of the trial Court.
(3.) The brief facts of the case are that the plaintiffs filed suit for declaration to the effect that they are owners of the land measuring 14 kanals 8 marlas fully detailed in the head note of the plaint situated in Village Bhater, H.B. No. 608, Tehsil Dasuya as per jamabandi for the year 1981-82 and they are in possession of land as co-sharers in the Khata and the rights of the defendants have extinguished by lapse of time and operation of law. The defendants have ceased to be owner/cosharer in the above said land and in the alternative suit for possession of this land. The suit land was mortgaged by one Beli predecessor-ininterest of the defendants in favour of Bhagat Ram and Ram Chand sons of Nand Lal for consideration of Rs. 500/- vide registered mortgage deed dated 23.02.1933. The mortgagees were put in possession of the land. The plaintiffs are successors-in-interest of the said mortgagees. The cause for redeeming the land accrued to the defendants on 23.02.1933 and expired on 31.12.1970 but the defendants failed to get the suit land redeemed. Thus, by operation of law, the plaintiffs have become owners of the suit land and they continued to be the owners since 31.12.1970 onwards. Hence the suit for foreclosure of right of redemption.;