GURBACHAN SINGH Vs. HARNAM SINGH

JUDGEMENT

(1.) THE appellant-plaintiff filed a suit for possession by way of redemption on payment of Rs. 150/- of Khasra No. 111/7/1.

(2.) THE case of the plaintiff is that his predecessor mortgaged the suit property, in the year 1962, for Rs. 150/-, in favour of defendant, his brother and was entitled to redeem the property on payment of the mortgage money. The suit was contested mainly on the ground that the same was beyond limitation. It was stated that the mortgage of land was prior to the partition of the country and mutation No. 3085 dated 21.9.2001 B.K. (1944 A.D.) recorded the said transaction. Limitation for redemption expired prior to filing of the suit, which was filed on 24.12.1980.

(3.) ON appeal, the lower appellate Court reversed the finding of the trial Court on the question of limitation. Referring to excerpt, Exhibit P-2, it was held that the mutation No. 3085 dated 21.9.2001 B.K. (1944 A.D.) records the mortgage and since the mortgage was more than 30 years old prior to the filing of the suit, the suit was barred by limitation.