SHIV LAL Vs. CHET RAM

JUDGEMENT

(1.) The appellants in these appeals are the representatives of the mortgagees of the suit properties. The respondents in both these appeals claim to represent the interest of the mortgagors. Civil Appeal No. 1250 of 1966 arises from Suit No. 280 of 1961 in the court of Senior Sub Judge, Rohtak and Civil Appeal No. 1251 of 1966 arises from Suit No. 334 of 1961 on the file of the same judge. Both the suits were suits for redemption. The trial court dismissed both the suits on two grounds viz. (1) that Kura, the person from whom the plaintiffs claim to have purchased the rights of the mortgagors was incapable of entering into a contract as he was insane. Hence the sale deeds executed by him are void and (2) the claim for redemption in respect of the various mortgages sought to be redeemed excepting the one executed on April 26, 1912 is barred by limitation. The learned District Judge allowed the appeals and decreed both the suits excepting as regards the mortgage dated January 20, 1878. In second appeal Capoor J. of the Punjab High Court confirmed the decision of the learned District Judge. The Letters Patent Appeals filed by the appellants were summarily dismissed. Thereafter these appeals were brought after obtaining special leave from this Court.

(2.) Both the learned District Judge as well as the learned Judge of the High Court have concurrently come to the conclusion that there is no satisfactory evidence to show that Kura was insame at the time he sold the suit properties to the plaintiffs. This is a finding of fact and we see no reason to go behind it.

(3.) The only other ground on which the appellants are resisting the plaintiff's claim to redeem the mortgages in question is that according to them the claim for redemption is barred by limitation. For dealing with that question, it will be convenient to take up the two appeals separately.