GANGA RAM Vs. LACHMAN SINGH

JUDGEMENT

(1.) This appeal arises out of a suit for the redemption of mortgage effected by Khaman Singh in favour of Shib Lal and Khen Karan on the 8 June, 1850. The Courts below have decreed the claim, allowing the plaintiffs, who are-the legal representatives of one of the heirs of the original mortgagor, to redeem their share on payment of a proportionate part of the mortgage money.

(2.) The main question for consideration are whether the plaintiffs have a right to redeem the share in question and whether the claim in barred by limitation. It appears that Khaman Singh had two sons, Kehri Singh and Gangaram Singh. The share of Gangaram Singh passed to Khanjan Singh, who died leaving a widow Mi, Hem Kunwar, and a brother Mewa Ram Singh, each of whom divided his property by a mutual arrangement in equal shares. Mt. Hem Kunwar was succeeded by Pem Singh, one of the nephews of her husband, either by virtue of some gift or adoption. On the death of Mt. Hem Kunwar there was a dispute about the 11/2 biswas share entered in his name, which was settled on the 11 September, 1890, in this way that Mt. Gaura, his widow, was allowed a one-third share, and Bahadur Singh and Partap Singh, the younger brothers of her husband, were allowed the remaining one-third share each. Mt. Gaura and Bahadur Singh subsequently sold their rights to Ganga Ram, the present defendant-appellant, who is also the successor-in-interest of some of the heirs of the mortgagees.

(3.) In 1915 Mewa Ram Singh brought a suit for the redemption of a half share of the mortgaged property, impleading the mortgagees and other parsons, claiming an interest in the equity of redemption, as defendants. One of the pleas raised in that suit was that Mewa Ram Singh could not sue for anything more than his half share of 21/2 biswas, which he had obtained by the settlement with Mt. Hem Kunwar, and another plea was that the claim was barred by limitation. Lachman Singh and Mt. Hira Kunwar, the heirs of Partab Singh, were parties to that suit. It was found in that case that Mewa Ram Singh was entitled to redeem only 11/2 biswas representing his share, and that the acknowledgment made by the mortgagees, at the time of the attestation of the wajib-ul-arz in 1865 saved limitation Dharam Das V/s. Emperor (1910) 33 All. 48.