and that as the mortgage had number been redeemed within time, he had become absolute owner of the land The suit was companytested by the Union of India on the ground that the successors in interest of the mortgagors had become evacuees and as the mortgage was subsisting on October 30, 1951, when the Evacuees Interest Separation Act came into force, the mortgagees rights had been extinguished by virtue of Section 9 2 of that Act.
The appellant filed a suit for possession alleging that the land in suit had been mortgaged by the original owners with his predecessors in interest in the year 1949Bk.,
S. Pathak, J. This is a plaintiffs appeal by special leave against a judgment and decree of the High Court of Punjab and Haryana affirming in second appeal the dismissal of his suit for Possession.
