Satish Kumar Mittal, J. - This is a plaintiffs appeal. It has been directed against the judgment and decree dated 11.10.1982, whereby the first appellate court, after setting aside the judgment and decree of the trial Court, has dismissed the suit of the plaintiffs for declaring them absolute owners of the suit land measuring 8 Kanals 12 Marlas.

2. Most of the facts of the case leading to the filing of this appeal are undisputed. The suit land was owned by defendant No. 1 Daya Kishan. He mortgaged the land with possession in favour of the plaintiffs vide registered mortgage deed dated 4.7.1972 (Ex.P6) for a consideration of Rs. 9,000/-. The mortgage deed contained a stipulation that the mortgaged amount will not carry any interest and the mortgagee was entitled to enjoy the fruits of the property. It also contained a stipulation that the mortgaged amount shall be paid within one year and the land shall be redeemed accordingly, failing which it will not be permissible for mortgagor to redeem the land and the mortgagee will become owner and will be entitled to take out appropriate proceedings in Court for foreclosure. Undisputedly, the mortgage debt was not discharged by defe