TULA RAM (DEAD) THROUGH LRS Vs. SHANTI (DEAD)

JUDGEMENT

(1.) This Regular Second Appeal, by the plaintiffs, was admitted on the following substantial questions of law:

(2.) Facts relevant for the disposal of the appeal may be noticed. Plaintiffs-appellants, claiming themselves to be mortgagees with possession, filed a suit for declaration that they had become the owner of the mortgaged property (hereinafter referred to as suit property), on account of the defendants/mortgagees having not redeemed the mortgage, within the time limited by law, i. e. Article 61 of the Limitation Act. It was alleged that the mortgage had been created sometime prior to Sambat 2001, corresponding to the year 1944.

(3.) Suit was contested by the defendants-respondents, who admitted that mortgage had been created, but pleaded that the same stood redeemed in the year 1956 and that after redemption possession was with them.