HEMANT GUPTA
Sewa Singh – Appellant
Versus
Union Of India – Respondent
Hemant Gupta, J.
1. The plaintiff are in second appeal aggrieved against the judgment and decree passed by the Courts below whereby suit for possession of the land measuring 4K-2M situated in village Shergarh was dismissed.
2. It is the case of the plaintiffs that they are the owners of the suit land and the adverse entries in the revenue record showing the plaintiffs as mortgagors and the Central Government as mortgage, has no effect on their title. The land measuring 8K-10M bearing Khasra No. 750 (old) was mortgaged on 2.6.1892 by Narain Singh, Harnam Singh and Acchar Singh sons of Nihal Singh and Dalipa minor son of Thakur Singh adopted son of Harman Singh, in favour of Prabh Dayal son of Chand Rai and Kanaiyal Lal son of Shiv Dayal Bhambra, for a sum of Rs. 8007-through a registered mortgage deed. On 13.6.1899, the mortgage rights were sold to Mammoo and Kutba sons of Pira Jat, through a registered mortgage deed. The mutation of the said transfer of mortgage rights was sanctioned on 4.6.1900, the land mortgaged was shown to be inclusive of shamlat share, through in fact no share in the shamlat was transferred. It is further pointed out that during the year 1899, the sha
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