RAM JATAN SINGH Vs. LAGANDEO SINGH

JUDGEMENT

(1.) In the suit out of which this appeal arises the plaintiff prayed for redemption of two zarpeshgi deeds, one dated the 18th of February, 1879, executed by Tilak Chamar, son of Milap-Chamar, and the other dated the 18th of February, 1879, executed by Dipa Chamar, son of Moti Chamar, in favour of Jugeshwar Singh, grandfather of defendant Lagandeo Singh. In the first zarpeshgi deed the consideration was Rs. 64, and the property mortgaged was 2 bighas and 12 dhurs of land. The second zarpeshgi deed was executed for a consideration of Rs. 61 with regard to 2 bighas 10 kathas 8 dhurs of land. There were subsequent mortgages of the same property on the 11th or Baisakh 1291 and the 25th of Jeth, 1299, Fasli. The trial Court granted a decree for redemption in favour of the plaintiff, but the lower appellate Court has dismissed the suit on the ground that the suit was barred by limitation.

(2.) The main argument put forward on behalf of the plaintiff-appellant in this Court is that the lower appellate Court was erroneous in holding that the suit was barred by limitation. It was pointed out that on the 9th of September, 1919, Jadunandan Singh, father of defendant No. 1, executed a sub-mortgage of the land in favour of Firangi Singh and Ramdahin Singh. This document is Exhibit 2. It is recited in the body of the document that the property given in mortgage was, zarpeshgi property of Jadunandan Singh and he was still holding the property as zarpeshgidar on the date of the document

(3.) In the Schedule attached to the document there is an averment that the property was comprised in Khata no. 88 and Khata No. 90 which was the kasht property of Nathu Chamar, Juman and Tilak Chamar, and Jadunandan Singh was the. zarpeshgidar. Exhibit 2(a) is another document of sub-mortgage executed by Jadunandan Singh on the 1st of June, 1921, in favour of Firangi Singh and Ramdahin Singh. There is 3 recital in this document also that kasht lands of Tuman Chamar and Nathuni Chamar. of which Jadunandan Singh was the zearpeshgidar, Were, being conveyed by this document.