GUMAN MAL LODHA, J. - (1.) THIS is a plaintiff's civil second appeal against the judgment rejecting the first appeal and affirming the dismissal of the suit.
(2.) BEFORE I proceed to consider the principal objection made by Shri K. K. Sharma, the learned Advocate for the plaintiff appellant, I would like to mention, in brief, the facts showing the genesis of the dispute and the important facts of this case as per its history so far. The appellant filed a suit for redemption of mortgage of a Nohra which was mortgaged by deceased Mst. Jagannathi w/o Ram Chandra Brahmin with deceased Shri Bhanwar Lal s/o Chhaganlal Mahajan as alleged in the plaint. She had a son, Vishnu Dutt who has also died. The plaintiff appellant is the adopted son of Vishnudutt and is the sole heir of Vishnu Dutt. The mortgagee Bhanwar Lal has also died and the defendants are his sons and are in possession of the property.
(3.) THE learned trial court held that the mortgage was not proved and, therefore, decided issue No. 1 that the plaintiff appellant was the heir of Ram Chandra and Vishnudutt. The trial Court decided this issue in favour of the plaintiff and held that the plaintiff was the adopted son of Vishnu Dutt and was the only heir of Ram Chandra and Vishnu Dutt. The issue was decided in favour of the plaintiff. The learned trial court, on the basis of the finding on issue No. 1 that the mortgage was not proved, dismissed the suit.;