Judgment

Arijit Pasayat, J.—Judgment of a learned Single Judge of the Punjab and Haryana High Court dismissing the second appeal filed by the appellant under Section 100 of the Code of Civil Procedure, 1908 (in short the ‘Code’) is the subject matter of challenge.

2. Background facts sans unnecessary details are as follows:

A suit was instituted by the appellant against the defendants seeking decree of declaration to the effect that the plaintiff had become the owner in possession to the extent of 1/2 share and defendants 2 and 3 have become owner and possession of the balance suit property, on the ground of foreclosure since limitation for redemption of the land had expired. Consequential relief of permanent injunction, for restraining defendant No. 1 from alienating the suit land and in any manner from interfering with the peaceful possession of plaintiff and defendants 2 and 3 was sought for.

3. Specific stand of the plaintiff was that forefathers of the plaintiff alongwith forefathers of Prem and Lakhpat sons of Banswari took the land in suit as mortgagees from the ancestors of Bhira about more than 100 years ago, and since then they have continued to be in possession of the suit l