KASTURI DEVI Vs. CHUNI LAL

JUDGEMENT

(1.) TWO questions arise for decision in the present case, namely (1) whether the mortgagors have brought the suit within the period prescribed by law, and (2) whether the mortgagees' rights of possession have ripened into rights of ownership by efflux of time.

(2.) THE proprietary rights in a certain plot of land vested in the State while the occupancy rights vested in Rang Lal, Ram Lal and Lal Singh. In the year 1906 the occupancy tenants mortgaged their occupancy rights with one Sufaid for a sum of Rs. 270/- and four years later the State sold its rights of ownership to the same person. On the 4th June 1931 Ghassi son of Sufaid transferred his rights by way of sale to Charanji Lal; on the 17th June 1943 Charanji Lal transferred these rights to Nathi and on the 1st February 1950 Nathi transferred them by way of gift to his sister kasturi Devi.

(3.) ON 9-2-1953 Chuni Lal who is a successor-in-interest of the original mortgagors and certain other persons who are transferees from him brought a suit against Kasturi Devi for the redemption of the property. The trial Court dismissed the suit, but the learned District Judge decreed the claim and the order of the learned District Judge was upheld by a learned Judge of this Court. The defendant has appealed.