KARNAIL SINGH Vs. BASANT SINGH ETC

JUDGEMENT

(1.) This appeal arises out of a suit filed on 28th October, 1952 for possession by redemption of the land in dispute measuring 207 bighas 15 biswas kham on payment of Rs. 8.600/-. Basant Singh and others, who are the plaintiffs in this case, are the descendants of the original mortgagors, while Karnail Singh and others, who are the defendants, are the descendants of the original mortgagees.

(2.) The suit was resisted on a number of grounds but in the present appeal we are only concerned with three of them :-

(3.) On the pleadings of the parties, the trial Judge framed four issues, but the following three issues are relevant for our purposes :-