RAMPRICHHAN SINGH Vs. RAM CHHABILA SINGH

JUDGEMENT

(1.) The defendants are the appellants in this Second Appeal. The Plaintiff-respondent filed the suit in question for redemption of a mortgage bond dated 6-11-1937 executed by one Lal Bahadur Singh, father of defendant No. 1, in favour of one Bindeswar Singh, ancestor of defendant-second party.

(2.) According to the case of the plaintiff, said Lal Bahadur Singh executed a sale deed on 11-9-1959 transferring the eouity of redemption in respect of the aforesaid mortgage bond in favour of the plaintiff for a consideration of Rupees 2,000/- (rupees two thousand). Later, he refused to register the deed of sale. Ultimately, the plaintiff had to file a title suit (title suit No. 143 of 1960) in the court of Munsif, Chapra. The said suit was decreed in favour of the plaintiff and on 22-8-1963 the sale deed was registered as per direction given in the judgment of the suit aforesaid. An appeal was filed by the aforesaid Lal Bahadur Singh which was dismissed as having abated. Thereafter, a civil revision application was filed on behalf of his heirs which was dismissed by this court on 3-7-1970.

(3.) Oh the basis of the aforesaid sale deed dated 11-9-1959 the plaintiff filed the present suit for redemption of the lands mortgaged under the deed of 6-11-1937, on 29-4-1971. This suit for redemption was contested by the mortgagees i.e. the heirs of aforesaid Bindeshwar Singh. The main ground of defence appears to be that the suit was barred by limitation as due to lapse of time the equity of redemption has been extinguished.