T.P.S. Mann, J. - (1.) Suit for possession of the land by redemption on payment of the mortgage money filed by respondents No. 1 to 8 turned out to be successful before learned Sub Judge 1st Class, Dasuya on 23.1.1982, who passed a preliminary decree in their favour. They were directed to deposit the mortgage money in the Court within a period of three months for getting the final decree passed in their favour for the possession of the suit land. Aggrieved of the same, the appellants filed an appeal, which was dismissed by learned Additional District Judge, Hoshiarpur Regular Second Appeal No. 120 of 1984 on 26.9.1983. The appellants, thereafter, filed the present second appeal in this Court.
(2.) The case of the plaintiffs/respondents No. 1 to 8 was that Sansar Singh and Janak Singh sons of Teja Singh, respondents No. 9 and 10, respectively owned land in village Gondal, Tehsil and District Sialkot before partition of the country. About 12 kanals of their land stood mortgaged with possession with Panjab Singh and Smt. Malan. After partition of the country, Sansar Singh and Janak Singh settled in village Safdarpur, Tehsil Dasuya, where they were allotted land. Out of the allotted land, some land was shown to be under mortgage with Panjab Singh and Smt. Malan. During consolidation, land comprised in rect. No. 39 killa No. 12(7-12) and 12(8-0) was allotted to Sansar Singh and Janak Singh in lieu of the land allotted to them in village Gondal. Both, Panjab Singh and Smt. Malan were recorded as mortgagees with possession of the land measuring 6 kanals of Sansar Singh and Janak Singh. Panjab Singh is now represented by his legal heirs, who are respondents No. 1 to 7, while Smt. Malan as respondent No. 8, but as she has since died, is being represented by Balwant Singh son of Panjab Singh. Sansar Singh and Janak Singh did not redeem the suit land within the time prescribed by law. Consequently, their right of redemption came to an end. This happened in or around the year 1961-62 and thus, Panjab Singh and Smt. Malan became owners of the land under Regular Second Appeal No. 120 of 1984 mortgage. In the meantime, respondents No. 11 to 14 started asserting their right of ownership of the aforementioned 6 kanals claiming themselves to be the transferees from Sansar Singh and Janak Singh. None of respondents No. 1 to 8 admitted their claim. Both, Panjab Singh and Smt. Malan did not cultivate the land in question as they already owned sufficient land, which was far away from the suit land. They, accordingly, mortgaged the land in question to Virsa Singh and Fauja Singh on 14.6.1967 for a sum of Rs. 300/-, out of which a sum of Rs. was deducted as expenses for execution of the document/receipt. Said Virsa Singh and Fauja Singh were in possession of the land in dispute since 14.6.1967 and they were mortgagees under respondents No. 1 to 8. This mortgage was redeemable on payment of Rs. 297/- in the month of Jeth. On the basis of the above, a suit for possession of the land by redemption on payment of the mortgage money was filed.
(3.) Contesting defendants in the suit were Virsa Singh and Fauja Singh. They opposed the suit by claiming that they had purchased the suit land on 23.7.1965 and paid the mortgage money to Panjab Singh and Smt. Malan and a mutation had also been entered in their names. Since the date of mutation, neither Panjab Singh and Smt. Malan nor any of their successors objected to their possession or title, as the mortgage money had already been paid to them. They were in peaceful possession without interruption of any kind from any corners for the last more than Regular Second Appeal No. 120 of 1984 12 years. They had, thus, become owners of the suit land by way of adverse possession.;