IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 11.12.2024 Date of Order:14.01.2025 Jagum Hussain and another ...Appellants Versus State of Haryana and another ...Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL.

Present: Mr. Dinesh Singh Rawat, Advocate, for the appellants.

Mr. Naveen S. Bhardwaj, Addl.A.G., Haryana Mr. Karan Sharma, DAG, Haryana.

Mr. Parminder Singh, Advocate for the applicant/proposed respondent no.3(in CM-518-C-2023)

ANIL KSHETARPAL, JUDGE.

1. FACTUAL BACKGROUND

1.1 In this Regular Second Appeal, the plaintiffs assail the correctness of the concurrent findings of fact arrived at by the courts below while dismissing his suit for grant of decree of declaration that they have become owner of the property by lapse of time as the mortgage has never been redeemed for the more than last 100 years.

1.2 While filing the suit, the plaintiffs claim that their father Sh. Sultan Hussain was a mortgagee in possession of land measuring 15 kanals and 2 marlas which was owned by Muslim proprietors who migrated to Pakistan in 1947, however, the plaintiffs and their father never migrated to Pakistan and continued to live in village Wayyad Chhapra. They claim tha