ZORA SINGH Vs. BUDH RAM AND OTHERS

JUDGEMENT

(1.) THE sole question that falls for determination in this appeal is as to whether the suit for redemption of the land in question is barred by limitation.

(2.) TO appreciate the import of the aforesaid point, a few facts that are not in dispute deserve to be noticed. Uttam Singh, great grandfather of Zora Singh Appellant, bad mortgaged the land in question with Shiv Chand, predecessor in interest of the Defendant respondents for a sum of Rs. 200/ - on Har Sudi Dooj, 194(sic) Bk., regarding which a mutation was sanctioned or Poh. 7, 1964(sic) Bk. Pala Singh, grandfather of the Plaintiff, secured a debt of Rs. 100/ - more against the said land on Joth Badi Chaudus, 1969 Bk. Nikka Singh, father of the Plaintiff, also raised a loan of Rs. 700/ - against the aforesaid lard from the aforesaid mortgagee on Jeth 31, 1984 Bk. corresponding to June 13, 1927 A.D. thus raising the total mortgage debt to Rs. 1003/ -. Nikka Singh, father of the Plaintiff, transferred his rights i.e. the equity of of redemption in the land in question to Zora Singh Plaintiff, while Har Kishan, son of Shiv Chand, the original mortgagee, succeeded to the latter's rights in the land in question. As a result of consolidation operations in the village where the land in question is located, land measuring 12 Kanals and 4 Marias, which is the subject -matter of the present proceedings, was allotted in lieu of the original land measuring 9 Bighas and 8 Biswas, which was the subject -matter of mortgage already recounted.

(3.) THE lower appellate Court following the ratio of Tilak Ram v. Nalhu, AIR. 19 7 SC. 935, which was reiterated in M/s Lakshmiratan Cotton Mills Company Ltd. v. The Aluminium Corporation of India Ltd. : A.I.R. 1971 S.C. 1482, and that of Samdu and Ors. v. Subhan Khan : (1972) 74 P.L.R.435, and Nellathambi Nadar Chellakannu Nadar v. Ammal Ladach Chellathankom Nadachi : A.I.R. 1964 Mad. 169, held that the document Exhibit P. I did not amount to an acknowledgment on the part of Shiv Chand mortgagee of his liability to be redeemed in terms of Section 19 of the old Limitation Act which is equivalent to Section 18 of the new Act.