(1.) This is defendants appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for brevity the Code) challengig concurrent findings of facts recorded by both the Courts below holding that the plaintiff-respondents being mortgagor of the suit land were entitled to possession of the same by redeeming it from the defendant-appellants, who were the mortgagees. The suit filed by the plaintiff-respondents has been held to be within the period of limitation because the same was filed within a period of seven years next after the commencement of the Limitation Act, 1963 (for brevity the 1963 Act). The suit could have been filed under Section 30 of the Act before 5-10-1970 because the Act has come into force on 5-10-1963 whereas the suit in fact was filed on 12-1-1967.
(2.) The plaintiff-respondents filed a suit for possession by way of redemption on payment of Rs. 7000/- in respect of the suit land. They alleged that one Jaimal Singh s/o Chhatar Singh, the predecessor in interest of the plaintiff-respondents had mortgaged his land measuring 159 Kanals 5 Marias being 5/12 share of the land out of the land measuring 382 Kanals 5 Marias situated in village Dhulchur, Tehsil Depalpur, Distt.Montgomery (Pakistan) in favour of Uttam Singh, Harcharan Singh, Bahadur Singh sons of Jawala Singh to the extent of 1/3rd share. The rest 2/3rd share was mortgaged to Lachman Singh and Sher Singh sons of Sada Singh vide registered sale deed dated 6-7-1928. The fact of mortgage was entered in mutation No. 32 on 3-8-1928 and the mutation was sanctioned on 19-9-1928 (to be referred as 1st mortgage). Jaimal Singh also mortgaged land measuring 158 Kanals 16 Marias being 5/12th share of the land in favour of one Guranditta s/o Chamba Ram for Rs. 3500/- vide Report No. 14 on Roznamcha dated 14-9-1930. In respect of this mortgage mutation No. 49 was entered (to be referred as IInd mortgage). It has further been averred that before the partition and formation of Pakistan, mortgagor Jaimal Singh died. Plaintiff-respondents 1 to 31 are the legal representatives of Jaimal Singh as per the pedigree table given in the plaint.
(3.) According to the averments made by the mortgagor plaintiff-respondents, the original mortgagees in respect of the 1st mortgage were Uttam Singh, Bahadur Singh, Lachman Singh and Sher Singh. One or the other defendant-appellants are their legal heirs and as such they are standing in the shoes of the mortgagees. The IInd mortgage was executed in favour of one Guranditta on 14-9-1930. One or other defendant-appellants are his legal heirs and are representing his interest.
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