RAKESH KUMAR JAIN, J. - (1.) THE defendants are in second appeal.
(2.) THE plaintiffs, who are mortgagees of the land in dispute with possession, filed a suit for declaration claiming ownership on the ground that the land has not been redeemed by the defendants for more than 30 years, therefore, their right of redemption has been extinguished by efflux of time. Brief facts of the case are that Amar Singh son of Ram Singh, who was the owner of land measuring 76 kanals 2 marlas situated at Chak No. 91 Tobba Tek Singh District Lyalpur now in Pakistan, mortgaged two parcels of land measuring 15 kanal 5 marlas with possession to his brother Kishan Singh for a consideration of Rs. 800/- vide registered mortgage deed dated 11.10.1945 and land measuring 60 kanal 17 marlas with possession for a consideration of Rs. 6300/- vide registered mortgage deed dated 10.4.1946. In the year 1947, at the time of partition of the country, both Amar Singh and Kishan Singh migrated to India. They were allotted land in Punjab State measuring 11 B - 15 B - 5 B comprising in Khasra Nos. 458 min, 459, 459/1, 1651 min, 263 min, 264, 222/259, 256,266 situated in village Kuliewal, Tehsil and District Ludhiana in lieu of the land which was under mortgage at Chak No. 91, District Lyalpur and the possession was given to Kishan Singh mortgagee. Consolidation of holding took place in village Kuliewal and new Khasra Numbers 277, 278, 12/3, 4/1,4/2, 25/22, 73/18/2, 9/17, 18/1, 2,3/2, 24, 25/21 of land measuring 52 kanals 3 marlas were entered in the jamabandi for the year 1976-77, which was under mortgage with Kishan Singh.
(3.) AMAR Singh, mortgagor died leaving behind two sons Niranjan Singh and Harnek Singh. Both of them have also died. Defendants No. 1 to 3 are son, daughter and widow of Harnek Singh and defendants No. 4 to 6 are son, daughter and widow of Niranjan Singh. Defendants inherited the land which was under mortgage with possession on the basis of mortgage deed, therefore, they are the mortgagors. Kishan Singh had died leaving behind two sons Amrik singh and Kehar Singh. Kehar Singh also died leaving behind plaintiffs Piara Singh and Shingara Singh and his widow Smt.Dhan Kaur. Plaintiff Dhan Kaur had also died. Plaintiff No. 1 is the mortgagee with possession of 1/2 share of the land in dispute whereas plaintiffs No. 2 and 3 are the mortgagees with possession of remaining 1/2 share of the land in dispute.;