SURINDER GUPTA
Dharam Kaur – Appellant
Versus
Mohinder Singh – Respondent
Mr. Surinder Gupta, J.: - This is second appeal against judgment and decree passed by then Sub Judge, Ist Class, Jhajjar, whereby suit filed by plaintiffs Mohinder Singh and others (now respondents in this appeal) was decreed for declaration that they have become “owner of land in dispute due to lapse of period of limitation for seeking redemption of its mortgage”. First appeal filed by defendants was dismissed by Additional District Judge, Rohtak.
2. Case of plaintiffs, in brief, is that Chhailu son of Kurdiya resident of village Silana (predecessor-in-interest of appellants) mortgaged suit land to Khem Chand son of Teku, predecessor-in-interest of plaintiff-respondents and a mutation in this regard bearing No. 528 dated 28.06.1899 was sanctioned. The land was got redeemed and after lapse of 30 years, plaintiffs have become owners of suit land by foreclosure.
3. Defendants-appellants denied possession of plaintiffs over suit land and their plea that they have become its owner by lapse of time.
4. Pleadings of parties led to framing of the issues as follows:-
(i) Whether plaintiffs who were earlier mortgagees in possession, became its owner by lapse of time of the land in s
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