Mr. Rakesh Kumar Jain, J.: - The defendant No.1 is in second appeal against the judgment and decree of the Courts below by which suit filed by the plaintiffs for declaration and permanent injunction has been decreed.

2. In short, the plaintiffs filed suit for declaration with consequential relief of permanent injunction in respect of 03 Kanals 08 Marlas of land comprised in Rect. No.26, Killa No.9/4 and 10/1, situated in village Dehriwala as per jamabandi for the year 1967-68 alleging therein that 04 Kanals 17 Marlas of land bearing old Khasra No.538 was in joint occupancy tenancy of Munshi & Bantu sons of Boota Singh, Waryam Singh son of Khazan and Gurditta, Gurmukh and Ishar sons of Sujana under the proprietors of village Dehriwala. It was alleged to be in exclusive occupancy tenancy of Munshi & Bantu sons of Boota and Waryam son of Khazan who had mortgaged with possession the said 04 Kanals 17 Marlas of land to Pala Singh son of Boota Singh by means of a registered mortgage deed dated 17.07.1911 and had further sold their occupancy rights to Mota Singh son of Boota Singh who is husband of plaintiff No.1 and father of plaintiff Nos.2 to 4, by means of a registered sale d