R.S.MADAN, J. - (1.) THIS Regular Second Appeal No. 465 of 1976 has a chequered history and the same is described as under.
(2.) THE plaintiff-appellant has filed a civil suit for possession by way of redemption of land measuring 25 kanals 5 marlas as detailed in the heading of the plaint, situated in village Bhatoya, Tehsil and District Gurdaspur on payment of Rs. 370/-. It is the case of the plaintiff Rachhpal Singh that Sansar Singh his father had mortgaged certain land in village Phulkian with Beli Ram, father of the defendant in the year 1939 for Rs. 370/- in Pakistan. After partition of the country, the plaintiff was allotted land in village Bhatoya in lieu of the land left by his father in village Phulkian. The defendant (now respondent) was allotted mortgagee rights. After the death of the father of the plaintiff the plaintiff claimed that he is entitled to redeem the land on payment of Rs. 370/- from the respondent.
(3.) THE aforesaid suit was contested by the defendant by filing written statement. He denied that the father of the plaintiff had mortgaged any land with the father of the defendant, so the question of redeeming of the land was also denied. From the pleadings of the parties following issues were framed :- (1) Whether the mortgage in question is subsisting and if so, on the payment of what amount it is redeemable ? OPP (2) Whether the plaintiff is entitled to redeem the suit land ? OPP ;