R.L.Anand, J.

1. Unsuccessful plaintiff Sulakhan Singh has filed the present Regular Second Appeal and it has been directed against the judgment and decree dated 25.5.1984 passed by the Court of Additional District Judge, Gurdaspur, who affirmed the judgment and decree dated 11.3.1983 passed by the Court of Additional Senior Sub Judge, Batala, who dismissed the suit of plaintiff-appellant for declaration, as prayed for.

2. The brief facts of the case are that Sh. Sulakhan Singh, plaintiff-appellant, filed a suit for declaration to the effect that registered mortgage deed dated 12.6.1961 regarding land measuring 21 kanals, 17 marlas fully described in the head-note of the plaint, situate in village Chima Khudi, Tehsil Batala, executed by the plaintiff in favour of the defendants Sohan Singh, Atma Singh, Darshan Singh, Bhajan Singh and Amar Singh, was null and void being contrary to law and as a consequential relief suit for possession of the said land or in the alternative suit for possession of the land on the plea that as mortgage-money has already been received by the defendants, who enjoy profits of the said land, the mortgage debt has been discharged under the Punjab Ag