RAM GOPAL Vs. L MOHAN LAL

JUDGEMENT

(1.) These two appeals (Regular First Appeal No. 18 (P) of 1952 and First Appeal from Order No. 13(P) of 1952) have been referred by Ram Gopal plaintiff in the following circumstances. Somewhere in 1914 and 1915 (the Bikrami date being 4-3-1972) Karam Chand son of Ganga Ram mortgaged the property in suit without possession in favour of Nand Lal for a sum of Rs. 3,500/-; one of the terms of the mortgage being that in case of non-payment of interest in any one month the mortgagee would be entitled to take possession of the property and to rent it out to anyone he liked. It was attested by Kishan Chand real younger brother of Karam Chand and the document was duly registered at Kapurthala, Karam Chand died sometime in 1919, whereafter Nand Lal mortgagee instituted a suit for possession of the mortgaged property against Kishan Chand. This suit was decreed by means of a compromise under which NandLal obtained possession and the amount due under the mortgage was determined to be Rs. 6,136/-. On 27-10-2001 Bk. (corresponding to 8th February, 1945) Smt. Surat Piari, daughter of Karam Chand and wife of Dalip Singh, told to the present plaintiff-appellant the mortgaged property for a sum of Rs. 13,000/-. This sale deed purports to be executed by Dalip Singh husband of Smt. Suran Piari as her mukhtar-i-am. In this deed a specific reference was made to a General Power of Attorney executed by his wife in his favour on 2nd of January 1945 authorising him inter alia to sell the property in question. After this sale the plaintiff instituted the present suit for redemption of the mortgage effected by Karam Chand. It appears that sometime in 1948 (Bikrami date being 12-82005) Kishan Chand also instituted a suit for redemption which was continued by his widow, Smt. Harbans Kaur, on Kishan Chand's death. Ram Gopal present plaintiff applied in Kishan Chand's suit for being made a party but this prayer was rejected. It seems that thereafter Smt. Harbans Kaur was duly impleaded in the present suit. It may also be mentioned that the General Power of Attorney dated 2nd of January 1945 executed by Smt. Surat Piari in favour of her husband Dalip Singh for the purposes of filing suits on her behalf and also empowering the attorney to sell, mortgage, gift or alienate her property referred to in the sale deed in favour of Ram Gopal plaintiff-appellant was registered in the office of the Sub-Registrar, Nakodar, on the same day i.e. 2nd of January 1945. The suit was contested and the pleadings of the parties gave rise to no less than the following 12 issues:- Was the property in dispute mortgaged by Karam Chand on 4-31972 with Nand Lal, the grandfather of the defendants Mohan Lal, Tikan Lal and Durga Dass for Rs. 3,500/- ?

(2.) The learned Subordinate Judge dismissed the suit on the basis of the following findings:

(3.) Mr. Atma Ram, the learned counsel for the appellant, however, stated at the Bar that if the regular first appeal (No. 18-P of 1952) is heard on the merits and the respondents do not object to the extension of limitation then he would not press First Appeal from Order No. 13-P of 1952. The respondents have expressly stated that they do not want to raise any objection on the score of limitation with respect to the regular first appeal and, in my opinion, rightly, with the result that First Appeal from Order No. 13-P of 1952 has not been pressed and is, therefore dismissed without any costs.