TAKAN RAM Vs. NARAIN DAS

JUDGEMENT

(1.) THIS second appeal arises out of a suit for possession by redemption instituted by plaintiff-respondents. In the plaint the plaintiff-respondents averred that certain land (now left behind in Pakistan) was mortgaged in the year 1920 by their predecessor-in-interest Topan Dass to Megha Ram predecessor-in-interest of the defendant-appellants and that after the partition of the country, the defendant-appellants have been allotted land in lieu of the said land.

(2.) THE defendant-appellants contested the suit and inter alia pleaded that the suit is barred by limitation.

(3.) THE Trial Court dismissed the suit as being time-barred while the first appellate court taking contrary view on this point decreed the suit. Hence this appeal at the instance of the defendant-appellants.