JOGINDER SINGH Vs. GURDEV SINGH

JUDGEMENT

(1.) In this Regular Second Appeal grouse against the concurrent decrees of the lower two Courts is about the redemption of the suit land in favour of the plaintiffs-respondents on payment of Rs. 400/-. The following facts furnish the necessary background of the case.

(2.) Sarwan Singh, the original owner of the land, had mortgaged the same with possession for a sum of Rs. 400/- with Kaka Singh, husband of predecessor-ininterest of the defendants. The plaintiffs claim that though they had got this land redeemed on 9th May, 1966, yet in subsequent civil litigation initiated by the defendants they had succeeded in securing the possession of the suit land. On the basis of their claim as mortgagors with effect from 11 the May, 1954 they filed the present suit for redemption of the land. The suit was contested by the defendants primarily on the ground that the same was barred by limitation as, according to them, prior to the purchase made by their predecessor-ininterest of the mortgage rights on 11th May, 1954, the same had been mortgaged in favour of Gurdev Singh and others and that mortgage had taken place more than sixty years prior to the filing of the suit.

(3.) As already indicated, both the lower Courts repelled the stand of the defendants and holding the suit to be within limitation, allowed the claim of the plaintiffs.