Per Deepak Gupta, J. (Oral):-This appeal is directed against the judgment of a learned Single Judge of this Court, dated 25.8.2008, passed in CWP No.814 of 2003. The appellants before us had filed the writ petition, which has led to the filing of the present appeal.

2. The brief facts of the case are that the respondents No.3 to 5 are the successors of the original mortgagors and are referred to hereinafter as “the mortgagors”. The appellants are the successors of the original mortgagee and are referred to by the said term.

3. Respondents No.3 to 5 filed an application under Section 4 of the H.P. Restitution of Mortgage Land Act, 1976 before the Collector, Sub Division, Dalhousie on 13.12.1983 for redemption of the mortgage and for restoration of the mortgaged land measuring 8 bighas and 17 biswas situated in Mohal Tika, Khewat No.45, Khatauni No.90, Khasra Nos. 956, 957 and 958. The case of the appellants is that Govind and Mingo, sons of Kapura, mortgaged the land in question prior to 5.5.1953 in favor of Rojgari, father of the present appellants. On 5.5.1953, one Tankiat No.42 was drafted. In this writing, it is recorded that Govind on 11.10.1952 had stated that the l