RAMLAL Vs. KALURAM

JUDGEMENT

(1.) THIS is a defendants' appeal and he only question involved is whether the suit was barred by limitation.

(2.) THE plaintiff's filed the suit out of which this appeal has arisen for a declaration that a mutation entry of 1892 and the Collector's order dated the 25th of March, 1944,are ineffective. It was alleged that the property given in the plaint had formerly belonged to the ancestors of the defendant but as they were heavily indebted they applied to the civil courts to transfer the property to the ancestors of the plaintiffs for the discharge of their debts. THE order of the civil court clearly meant that the property be transferred absolutely to the plaintiffs ancestors but by some mistake in the revenue papers an entry had been made showing that the plaintiffs ancestors were mortgagees. It was alleged that the plaintiffs did not know till the year 1944 that the entry showing them as mortgagees has been made in revenue papers and they came to know about it only in the said year when the defendants filed an application under the provisions of the Alwar State Redemption of Mortgages Act of 1936 (hereinafter to be referred to as the Act) and it was ordered by the Collector, Alwar, on the 25th of March, 1944, that the defendants were entitled to redeem the property. THE plaintiffs alleged that the cause of action arose to them on the 25th of March, 1944, when the order of the Collector by which they were aggrieved was made.