CHANDERPATI ALIAS KASTURI MAHAJAN Vs. MAMAN CHAND

JUDGEMENT

(1.) This is unsuccessful plaintiffs regular second appeal.

(2.) Plaintiff filed a suit for possession by means of redemption. According to the plaintiff, one Raghunath son of Khub Ram, father of the plaintiff, and Sampat, her uncle, were owners in possession of a shop detailed in para No. 1 of the plaint. They mortgaged the shop in favour of one Pehlad on 18.3.1922 for a sum of Rs. 4,000/ -. On the death of Sampat, his rights devolved upon Raghunath who created an additional mortgage in favour of Pehlad on 3.7.1922. On the death of Pehlad, his rights were inherited by his daughter Shanti. Subsequently, in a dispute between Shanti and Kasturi sister of Pehlad, the mortgages rights were acquired by Kasturi Devi who gifted her rights to her son Risal Singh vide gift deed dated 18.5.1949. On 17.4.1953 Risal Singh sold the property to defendant No. 1 vide registered sale deed. The plaintiff thus claiming herself to be sole heir of Raghunath mortgagor filed the present suit for redemption of the property.

(3.) Defendant No. 2 in his written statement alleged that the name of the plaintiff is Kasturi and not Chanderpati. According to the defendant, she is the daughter of Raghunath and so has no locus standi to file the present suit. The suit is barred by limitation as well. It was further averred that defendant No. 2 has become absolute owner of the property as the suit is not within limitation nor the same is maintainable in the present form.