JAGDISH DUTT SAMNOL Vs. RALLA RAM CHARANJI LAL

JUDGEMENT

(1.) The appeal is against the judgment and decree passed on 20th December, 1982 by the Additional District Judge, Solan and Sirmur Districts at Nalagarh dismissing the appeal of the appellants and thereby confirming the judgment and decree passed on 17th November, 1980 by the Sub -judge, Kandaghat dismissing the suit of the appellants.

(2.) On 24th October, 1977, Babu Ram the predecessor of the appellants filed a suit seeking decree for possession by redemption with respect to the double storeyed shop situate in Upper Bazar, Chail, Tehsil Kandaghat, fully described in the headnote of the plaint. It was alleged that predecessor of plaintiff and proforma defendant had mortgaged the suit property with possession on 23 Asuj Sambat 1988 BK corresponding to 6th October, 1931 with Ram Singh son of Shri Angat Ram Rajput for Rs. 2,900. It was a usufructuary mortgage. The mortgagee had through registered deed dated 24th June, 1958 transferred his mortgage rights in favour of defendant -respondents. Since the mortgage was subsisting because of the acknowledgement having been made by Ram Singh in the deed of transfer, admitting the jural relationship of mortgagor and moit gagee, the plaintiff was entitled to get redeemed the property on payment of mortgage amount of Rs. 2,900 and was entitled to get the possession

(3.) Suit was resisted by the defendant -respondent No. 1. The primary ground on which it was resisted was that the suit was not within time. Originally the mortgage was created in 1988 BK more than 48 years prior to the institution of the suit. There was no question of acknowledgement since it was an unilateral act on the part of Ram Singh mortgagee in making transfer of his mortgagee rights in favour of the defendants. Execution of sale deed does not in any way extent the period of limitation.