Mahesh Grover, J.:-This is plaintiffs’ second appeal filed against the judgments of the learned trial Court dated 24.8.2004 and that of the first appellate Court dated 1.4.2008.

2. A suit was initiated by the appellants pleading that the respondents have mortgaged the suit land with their predecessor-in-interest more than 100 years ago which has not been redeemed and consequently the predecessor-in-interest of the appellants remained in possession of the suit property as mortgagees and they have now become owners of the same as the land has not been redeemed so far. It is pleaded that the rights of the defendants/appellants have been extinguished and they had purchased the mortgage rights from Kishan vide sale deed dated 5.9.1967.

3. The respondents contested the suit and admitted that the mortgage had been created by their predecessor-in-interest in favour of predecessor-in-interest of the appellants. However, it is denied that the appellants have converted the same into ownership. They pleaded that the land has been acquired by the State Government and the appellants are not in possession of the same.

The parties went to trial on the following issues :-

1. Whether the plai