JUDGMENT

Alka Sarin, J. - The present appeal has been preferred by the defendantappellant against the concurrent findings of both Courts below decreeing the suit for declaration filed by the plaintiff-respondent No.1.

2. The brief facts relevant to the present lis are that the present suit was filed by the plaintiff-respondent No.1 averring therein that the predecessors-in-interest of the plaintiff-respondent No.1 and the defendants were originally residents of Tehsil Dera Gazi Khan, which now forms a part of Pakistan, and that they migrated to India in 1947. It is the case set up by the plaintiff-respondent No.1 that Topan Ram predecessor-in-interest of the defendants had mortgaged with possession the land measuring 46 Kanals and 8 Marlas being 5/8th share in Village Yaru, Tehsil Dera Gazi Khan with Khota Ram father of Ladha Ram, plaintiff-respondent No.1, for a sum of Rs.2700/- by way of registered mortgage deed dated 03.07.1920. It is further the case that land measuring 25 kanals 15 marlas bearing Killa Nos.22/2 and 23 of Rect. No.107 and Killa Nos.3 and 8 of Rect. No.110 situated in Village Likhi, Tehsil Palwal, District Faridabad was allotted to Topan Ram and his successors-in-