NARINDER SINGH Vs. ARJAN SINGH

JUDGEMENT

(1.) THIS second appeal has been filed by Narinder Singh, Sukhdarshan Singh and Shrimati Jaswant Kaur alias Harbans against the judgment and decree of the Addl. District Judge, Faridkot dated 22nd July, 1970 affirming those of the subordinate Judge Ist Class, Faridkot for redemption of the property of the plaintiffs on payment of Rupees 1,244/ -.

(2.) BRIEFLY, the case of the plaintiffs is that Boor Singh mortgaged the land in dispute with Partap Singh for a sum of Rs. 1,244/- vide registered mortgaged deed dated 8th of Sawan, 1967 B. K. The mutation of the mortgage was attested on 14th Phagan, 1972 B. K. It is further pleaded that if the mortgage be held to have been created earlier on Bhadon Shudi 9, 1961 B. K. , vide entry in the bahi, the suit was within limitation, because of the acknowledgement of the mortgagee contained in the mutation dated 14th Phagan, 1972 B. K. Consequently, they prayed that the decree for redemption be passed in their favour regarding the property on payment of Rupees 1, 244/ -.

(3.) THE suit was contested by defendants number 2 and 3 who inter alia pleaded that they were not the heirs of Boor Singh mortgagor. They further pleaded that the mortgage was effected on Bhadon Shudi 9, 1961 B. K. vide bahi entry and thus, the suit was barred by limitation. They denied that any acknowledgement was made by Partap Singh, their predecessor-in-interest.