RAMESHWARI Vs. KISHORI LAL

JUDGEMENT

(1.) This appeal under clause 10 of the Letters Patent is directed against the judgment of Shamsher Bahadur J. whereby setting aside the concurrent judgments and decrees of the Courts below, he decreed the suit of Kishori Lal, plaintiff, who is the contesting respondent to this appeal.

(2.) The facts of this suit, which was instituted in the year 1953, were as follows : On the 17th September, 1890, Janina Dass, grandfather of the plaintiff, obtained on mortgage from one Mehtab 6 bighas and 14 biswas of agricultural land situated in village Bharawati, Tehsil Nub in District Gurgaon. The mutation an the basis of this mortgage (copy Exhibit P. 3) was entered on the 14th December, 1895, and the mortgage money was Rs. 169/-. Then on the 14th April, 1903, Janina Dass created a mortgage of his mortgagee rights in favour of Khushal Singh for Rs. 135/- and the copy of the mutation entry to this effect is Exhibit P.5, in which while Kanahya son of Mehtab was shown as the owner of the land, Jamna Dass was shown as mortgagee No. I and Khushal Singh as mortgagee No. 2. The final transaction, as recorded in the mutation (copy Exhibit P. 10) dated the 30th August, 1918, was that Puran Singh son of Khushal Singh effected a sale of his rights as sub-mortgagee in favour of Kundan for a sum of Rs. 169/-.

(3.) In his suit, Kishori Lal as grandson of Janina Dass claimed redemption of the land on payment of Rs. 135/-. The suit was contested by Shrimati Rameshwari daughter of Kundan and the substantial plea was that by the transaction of the 30th August, 1918, the land had been redeemed.