The respondents filed a civil suit for a declaration that after the expiry of the period of 60 years from the date of the mortgage, they have become absolute owners as the mortgage became irredeemable and as a companysequence they are the owner of the property.
The admitted position is that one Gobind Mal, father of the respondents, had possessory mortgage from the holders of the suit land in the year 1887 88.
When the land was declared as an evacuee property under the Evacuee Interest Separation Act, 1951, the Union of India claimed the land belonged to them.
This appeal by special leave arises from the judgment of the High Court of Punjab and Haryana at Chandigarh, made on May 7, 1980 in RSA No.602/80 companyfirming the judgment of the District Court dated November 7, 1979.
Though the trial Court has dismissed the suit, on appeal, it was reversed and decree was granted.
The High Court in the second appeal companyfirmed it by dismissing in limine.
Thus, this appeal by special leave.
