A.D. Koshal, J. - (1.)BY this judgment I shall dispose of two Regular Second Appeals Nos. 1529 and 1530 of 1960 preferred by the Plaintiffs which have arisen from suits Nos. 725 and 737 of 1958 respectively and in which the facts are similar and the points of law requiring determination identical.
(2.)IN suit No. 725 of 1958, the three Plaintiffs are Samdu, Rehmat Khan and Sabhan Khan, sons of Phul Khan. They are the successors -in -interest of the original mortgagees of land measuring 4 bighas 13 biswas situated in village Nagina, Tahsil Ferozepur Jhirka, District Gurgaon and consisting of Khasras Nos. 85, 95 and 490. The history of this land right from the year 1877 up to the date of the institution of the suit has been traced in document Exhibit P. 1, which is an excerpt from the revenue record. In the year 1888, the land was designated by Khasra Nos. 74, 79 and 80 and 413, Khasra Nos. 74 and 79 were then owned by one Mst. Amiri and the other two Khasra numbers by one Shajardi. Mst. Amiri mortgaged her two Khasra numbers in favour of Mst. Jan Bibi, -vide mutation No. 57 decided on the 19th of June, 1888. Khasra No. 80 was mortgaged by Shajardi in favour of one Habib Ullah and in that behalf mutation No. 429 was sanctioned on the 8th of December, 1891. Another mortgage was created by Shajardi in respect of Khasra No. 413, the mortgagees being Imam Khan and his brother Phul Khan, who was the father of the Plaintiffs. Mutation No. 1089 was sanctioned with regard to this mortgage on the 17th of December, 1896.
When the jamabandi for the year 1906 -1907 was prepared, the ownership of the entire land stood transferred to shamilat thula hashdb.

(3.)ON the 31st of May, 1913 Phul Khan, aforesaid purchased the mortgagee rights in Khasras Nos. 74, 79 and 80 (which had by then been redesignated as Khasras Nos. 82, 90 and 91 respectively) from Mst. Majidan and others, the successors -in -interest of Jan Bibi and Habib Ullah, the original mortgagees. On the 17th of October, 1913, he made a report to the village Patwari that the mortgagee rights in Khewat No. 398 (which was comprised of Khasras Nos. 82 and 90) had been sold to him under an oral transaction and that he had obtained possession of the said Khasra numbers. This report was thumb -marked by him and on the basis thereof mutation No. 1069 (Exhibit D. 2) was sanctioned in his favour on the 31st of December, 1913. In the meantime, i.e., on the 3rd of November, 1913, he had made another report to the Patwari stating that the mortgagee rights in Khewat No. 400 (which then consisted of Khasra No. 80) had been sold to him by Mst. Majidan widow of Habib Ullah and that he had obtained possession of the Khasra number. This report was reduced by the Patwari to writing and Phul Khan thumb -marked it. Mutation No. 1068 (Exhibit D. 1) was sanctioned in pursuance of this report on the 19th of November, 1913.