RAHIMBUX Vs. FAKIR MOHAMMED

JUDGEMENT

(1.) The appellants are aggrieved against the judgment and decree of the trial court dated 29.8.1979 by which the appellants' suit for redemption of the mortgaged property was dismissed by the trial court and which was upheld by the first appellate court by the judgment and decree dated 24.2.1981.

(2.) Brief facts of the case are that 15 plaintiffs filed the suit for redemption of the mortgaged property against one defendant Manjoor Hussain , alleging that the suit property was mortgaged by the ancestors of the plaintiffs in ten lots, at different time for different considerations, by executing separate mortgage-deeds mortgaging their share in the property for different considerations. The first mortgagedeed was executed on 23.7.1895 and the last mortgage-deed Ex.12 was executed on 15.7.1900. The plaintiffs filed the suit for redemption of all the mortgaged properties with the allegations that the plaintiffs are the descendants of the mortgagors. According to the plaintiffs, before filing the present suit on 8.8.1969, the civil original suit no.461/Samvat Year 1993 was filed for redemption of one of the mortgaged property, wherein the defendants submitted the written statement and admitted the mortgages, therefore, the suit filed by the plaintiffs in the year 1969 is within limitation.

(3.) The defendants contested the suit filed by the plaintiffs. The defendants submitted that the plaintiffs are not the descendants of the mortgagors. The suit of the plaintiff is not maintainable because of the mis-joinder of the parties and mis-joinder of causes of action. The plaintiffs included several mortgages in one suit and several parties also in the same suit, despite the fact that the mortgages are different, properties involved are different, considerations are different, the mortgagors are different and causes of action for redemption are different. The defendant also submitted that the civil original suit no.461/Samvat Year 1993 and suit no.147 of the year 1968 were not for redemption of the mortgaged properties, which are involved in the present suit. The first suit was filed for redemption of the mortgaged property, which was mortgaged for consideration of Rs.600/-, whereas in the present case, none of the property is mortgaged for consideration of Rs.600/-. It is also submitted that as per the law applicable, Mewar Limitation Act, suit for redemption of the mortgaged property was 15 years only, therefore, the suit of the plaintiffs is barred by time. The defendants also pleaded that they already invested amount of more than Rs.31,000/- on the properties.