Rajiv Sharma, J.

1. This regular second appeal is instituted against the impugned judgment and decree dated 11.7.2003 rendered by learned District Judge, Kangra at Dharamshala, H.P. in Civil Appeal No. 137-N/XIII/2002.

2. The key facts necessary for the adjudication of the appeal are that the respondents/ plaintiffs (hereinafter referred to as the “plaintiffs” for convenience sake) filed a suit for declaration and injunction against appellants as well as proforma respondents No. 3 and 4 (hereinafter referred to as defendants and proforma defendants respectively for convenience sake) on the averments that Guro, Munshi, Jaswant and Dharam Singh, sons of Mehtab Singh were the previous owners of the land measuring 0-46-66 hectares as detailed in the plaint. Later on, Guro etc. mortgaged the suit land with possession in favour of Dinu and Tasirudin. The suit land remained under the possession of the mortgagees as per the revenue record till 1940-41. The mortgage was redeemed vide mutation No. 1109 dated 18.3.1952. The suit land was mutated in the names of plaintiffs and proforma defendants because in the meantime they had purchased the suit land from the previous owner namely Gu