BACHINT KAUR Vs. GURNAM KAUR

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree of the first appellate Court, affirming on appeal those of the trial Judge.

(2.) THE facts :-The suit land was originally owned by Sher Singh and Sunder Singh having 1/2 share and Mihan Singh having remaining 1/2 share Sher Singh and Sunder Singh had mortgaged their 1/2 share in the suit land in favour of Kishan Singh for Rs. 1,800/ and mutation No. 1547 dated June 14, 1929, Ex. P-7 was sanctioned. The mortgagee transferred his mortgagee rights to Gian Singh and Mal Singh son of Chuhar Singh for Rs. 1800/- and mutation No. 3345, dated May 16, 1944 was sanctioned. Kishan Singh executed receipt, Ex. D. 1, in favour of the transferor mortgagee acknowledging receipt of consideration of Rs. 1800/ -. Sher Singh and Sunder Singh sold their 1/2 share in the suit land to Smt. Bachint Kaur, defendant-appellant, Gurbux Singh and Kashmir Singh, defendant-respondents, for a consideration of Rs. 7500/- vide registered sale deed dated February 25, 1943, Ex. P-4 and mutation Ex. P-9 was sanctioned in favour of vendees. Gian Singh and Mal Singh sold their mortgagee rights in favour of Smt. Gurnam Kaur, plaintiff respondent No. 1 for Rs. 1,800/ -. She filed a suit for declaration that she had become the owner of land since the defendants had lost their right of redemption by efflux of time as they lid not exercise the same within the period of limitation prescribed. The defendants joined issue with the plaintiff on the question of limitation and pleaded that the mortgagees had transferred their mortgagee rights vide Exhibit. D. 1 and D. 2, on the basis of which mutations Exhibits P-8 and P-10, respectively, were sa (sic)ctioned. In the receipts, the subsistence of jural relationship of mortgagor and mortgagee is admitted and this admission amounts to an acknowledgement. Within the meaning of Section 19 of the Limitation Act.

(3.) THE only question which survives for determination is that receipt dated June 7, 1948 (Ex. D-1) executed by Kishan Singh mortgagee while transferring his mortgagee rights in favour of Gian Singh and Mal Singh and the subsequent transfer of the mortgagee rights by Gian Singh and Mal Singh in favour of Smt. Gurnam Kaur, plaintiff respondent No. 1. vide receipt dated July 11, 1949 (Ex. D-2) amounts to acknowledgement within the meaning of Section 19 of the Limitation Act. It will be useful to reproduce the English translation of the receipts Exhibits D-1 and D-2, which are in Urdu. Translated version of receipt Ex-D. I reads as under :-'by this writing, I, Kishan Singh son of Dassundha Jat Sikh, resident of village Bopa Rai Kalan, Tehsil Jagraon, am the executant of this receipt. I have received a total amount of Rs. 1,800/-in cash, half of which comes to Rs. 900/- from Gian Singh, son of Bir Singh, and Mal Singh son of Chuhar Singh, in equal shares, jats by caste, residents of V. Bopa Rai Kalan, regarding the mortgage of land with possession by Sher Singh, son of Tara Singh and Sunder Singh son of Budh Singh, Jat Sikhs, residents of Village Bopa Rai Kalan, at present Chak Biruwala, Gujrat Bahawalpur and after receiving the cash in the presence of the two attesting witnesses, had sold the mortgagee rights. Therefore, a few words have been written for evidence. Sd/---Executant Kishan Singh 7-4-48. in English Sd/witnesses.