Shamsher Bahadur, J.

1. This appeal has been preferred by the plaintiff Ranga Singh whose suit has been dismissed by the trial Judge and also by the Senior Subordinate Judge, Hissar, in exercise of his appellate powers.

2. The pertinent facts of this litigation may be briefly narrated. Lal Singh, father of Gurbux Singh and Chogath Singh defendants-respondents, had mortgaged with possession land measuring 35 bighas situated in village Attari of District Lahore, now in Pakistan, in the year 1943, for a sum of Rs. 10,000/- in favour of Ranga Singh. After partition, the suit land measuring 20 bighas and 2 biswas was allotted to Ranga Singh in lieu of the land which had been mortgaged with him by Lal Singh. Ranga Singh actually took possession of this land in the year 1953.

Subsequently, Gurbux Singh and Chogath Singh obtained a decree for possession by redemption of this land from the Subordinate Judge, 1st Class, Sirsa, on 18th of December, 1957, on the allegation that some land of Lal Singh had been mortgaged in Pakistan with Raj Kumar, Balwant Rai and Kundan Singh (son of Ranga Singh) for a sum of Rs. 8,000/-, According to the plaintiff, the mortgage in respect of which a re