AMINCHAND LULA MAL Vs. JUGAL KISHORE

JUDGEMENT

(1.) This appeal is brought by the plaintiff against an appellate decree of District Judge Sher Singh varying the decree of the trial Court in regard to defendant No. 5 Jugal Kishore and thus dismissing the suit against him.

(2.) On the 23rd of February 1916 the plaintiff mortgaged the haveli in dispute to Balak Ram father of defendants 1 to 4 for a sum of Rs. 300/-. The mortgage was with possession and the mortgagee was to have the rents and profits and also interest. The plaintiff on the 25th November 1947 brought a suit for redemption against defendants 1 to 4 as representatives of the mortgagee and against Jugal Kishore defendant No. 5. It was alleged in the plaint in paragraph No. 5--

(3.) Defendants 1 to 4 pleaded that the property had been redeemed and they had delivered possession to the plaintiff and the reply of Jugal Kishore defendant No. 5 was that he had been in adverse possession for 25 or 30 years and also that he had made improvements. He also pleaded that the plaintiff had not been in possession within twelve years. The trial Court framed the following issues: