MOSTT SONA DEVI Vs. BALINDRA RAI

JUDGEMENT

(1.) This second appeal has been preferred by the plaintiff appellant against the judgment and decree dated 14- 2-1990 passed by Sri J. P. Paul, 3rd Additional District Judge, Siwan in Title Appeal No. 135 of 1985 affirming the judgment and decree dated 31-8-1985 passed by Sri Arun Prabhat Sinha , Additional Munsif, Siwan in Title Suit No. 53/73.

(2.) The brief facts of the case are that the plaintiffs appellants had filed Title Suit No. 53/73 for redemption of two zerpeshgi deeds dated 6/7/1926 and 7/3/1930 executed by Mostt. Badla Kuer in favour of Saryu Rai and Ramautar Rai, both sons of Narsingh Rai. The defendants contested the claim of the plaintiffs for redemption of mortgage deeds mainly on the ground that the plaintiffs - appellants have got no right of redemption as the plaintiffs' suit for redemption is barred by Section 30 and Article 61 of the New Limitation Act, 1963.

(3.) On the basis of the pleadings of both the parties, the learned trial Court framed as many as six issues which were as follows :-