R.L.Anand, J.

1. Dharam Pal claims that he was born to Smt. Chalti Devi and has filed the present appeal which has been directed against the judgment and decree dated 18.8.1999 passed by the Court of learned District Judge, Sonepat who accepted the appeal of the plaintiffs- respondents Sanjeev and others by setting aside the judgment and decree dated 20.2.1999 passed by the Court of Additional Civil Judge (Senior Division), Sonepat, who dismissed the suit of the plaintiff (now respondents).

2. Some facts can be noticed in the following manner:

Sanjeev and others filed a suit for declaration that they are the owners of the land in question by efflux of time and the case set by the plaintiffs was that Dharampal defendant mortgaged land measuring 3 Bighas 15 Biswas including all rights appurtenant thereto in favour of Smt. Brahrni Devi on 13.11.1961/18.11.1961 for a consideration of Rs. 20,000/- and it was agreed upon that if Dharampal fails to get the land redeemed within 6 months, then Brahtni Devi shall have the right to get the sale deed executed in her favour. Brahmi Devi died but during her life time she executed will. On that basis, all the right of her property were gi