TARA CHAND Vs. TILAK RAJ

JUDGEMENT

(1.) THIS Regular Second Appeal was admitted on the following substantial question of law:

(2.) THE brief facts necessary for decision of the case are that one Suba Ram, predecessor in interest of the parties who are his great grand sons, had mortgaged 910 kanals of land with Sh.Dina Nath and Bishan Chand. Half of the land which was mortgaged with Bishan Chand was redeemed whereas the remaining half measuring 405 kanals remained mortgaged with Dina Nath. THE defendants who are the great grand sons of Suba Ram instituted a Civil Suit No.597/1968 (175/1971) on 21.12.1968 for possession by way of redemption of the remaining 455 kanals of land which remained mortgaged with Dina Nath. A decree for redemption on payment of Rs.5100/- was passed in favour of the defendant and on deposit of this amount final decree was passed on 16.12.1974. THE plaintiffs in the present suit were arrayed as defendants 2and3 in the aforesaid suit and an averment was made in para 10 of the plaint which reads as follows:

(3.) THIS suit was resisted on various grounds including the ground that the same was barred by limitation. It was alleged that the plaintiffs have no right in the suit land since they had failed to pay the mortgage amount in the year 1974.