NAND LAL Vs. SURAJ BHAN

JUDGEMENT

(1.) The plaintiff-appellant has filed this appeal against the judgment and decree passed by the District judge, Ambala on 30.8.1978 by which the appeal filed by the plaintiff-appellant was dismissed and the judgment and decree passed by the trial Judge on 15.10.1977 was up held.

(2.) Lalu Ram adoptive father of the plaintiff-appellant Nand Lal mortgaged his house No. 43, Lal Kurti Bazar, Ambala Cantt. in favour of respondent Suraj Bhan vide mortgage deed dated 5.6.1946 for Rs. 550/-. The mortgage deed was registered on 14-6-1946. The plaintiff-appellant filed a suit for possession by redemption of the mortgaged house on payment of Rs. 550/- on 14.6. 1976. The suit filed by the plaintiff was dismissed by the trial Court holding it to be barred by time. The appeal filed by the plaintiff-appellant was dismissed by the District Judge, Ambala.

(3.) The mortgage deed dated 5.6.1946 has been produced as Exhibit D.l. It was presented for registration before the Sub-Registrar on 12-6-1946 and came to be registered on 14-6-1946 after recording the admission in regard to its execution.