Bishan Narain, J.

1. This second appeal has been filed by Subedar Major Sadhu Singn against the decision of the Additional District Judge, Amrit-sar, dismissing his appeal and affirming the judgment of the trial Court to the effect that the possession of the property in dispute should be given to the plaintiffs.

2. The land in dispute at one time belonged to Jagat Singh father of Subedar Sadhu Singh. On 27th June, 1895, he mortgaged his Jand with Dhanna Singh for Rs. 900/-. Then on 16th November, 1900 he mortgaged it again with Dhanna Singh for Rs. 1600/-. The third mortgage was effected by him on 11th December, 1905, in favour of Dhanna Singh for Rs. 2,000/- and finally the fourth mortgage was effected on 3rd June, 1914, for Rs. 3,850/-.

This time the mortgage was by Jagat Singh in favour of Pal Singh, Tehl Singh and Mehl Singh sons of Dhanna Singh. On 6th August, 1943 Sadhu Singh applied for restitution of the mortgaged land in the Court of the Special Collector, Lahore, under the provisions of the Punjab Restitution of Mortgaged Lands Act, 1938 (Punjab Act no. IV of 1938). Apparently this application was contested on behalf of the mortgagees and on 6th March, 1945, the C