TARA SINGH Vs. SARDARA SINGH

JUDGEMENT

(1.) THIS a second appeal by the plaintiffs. A civil suit was filed by three brothers namely, Tara Singh, Sital Singh and Sardara Singh before Sub Judge, Second Class, Kharar in the year 1975 for declaration to the effect that they were the owners in possession of 1/2 of the land situated in village Ghoga Kheri, Tehsil Sirhind, now Kharar. The declaration was sought on the ground that the suit land had been mortgaged by defendant No. 1. Pritam Singh, with the father of the plaintiffs for Rs. 1,600.00 in the year 1948. Right to redeem the mortgage expired after 30 years and, therefore, declaration to that effect was sought in the said civil Suit. The land in question was mortgaged by Pritam Singh (defendant No. 1) with Mahan Singh (father of the plaintiffs) under a marriage deed on may 18, 1943. Mutation No. 366 was sanctioned on June 9, 1943. After the death of the original mortgagee, Mahan Singh, the plaintiffs being the sons of Mahan Singh, stepped into the shoes of their father and claimed in the civil suit that right to redeem the mortgage had extinguished after the expiry of 30 years and they had become the owners of the land.

(2.) DEFENDANT No. 1 in his written statement before the trial Court, took the plea that 1/2 of the mortgaged land was released by the mortgagees in the year 1968 without receiving any money. The entire mortgage amount (Rs. 1,600.00) was made a charge oil the remaining 1/2 land. A report (No. 319) was recorded by Patwari in Roznamcha on May 11, 1968. Thus, the mortgagees admitted the existence of mortgage of the suit land in the year 1968, thereby extending the period of limitation.

(3.) THE plaintiffs went in appeal before the Additional District Judge, Roop Nagar but failed. The learned appellate Court, by judgment dated January 5, 1980, up-held the view taken by the learned trial Court that the period of limitation stood extended on the ground of acknowledgment.