GOBIND RAM Vs. MUSAMMAT RAM KOER

JUDGEMENT

(1.) This appeal arises out of a suit for redemption of a mortgage executed on the 22 November, 1884 by one Pahar Singh in favour of four persons, Chhote Lal, Kashi Din, Debi Prasad and Ram Prasad for Rs. 1,100. Ram Prasad was interested in the mortgage to the extent of l/5 as he had advanced Rs. 220 only of the consideration.

(2.) On the 17 October 1890 Pahar Singh sold certain other property to Chhote Lal Kashi Din and the representative of Debi Prasad and left with them Rs. 938 for payment of the mortgage of 1884. The reason why Rs. 938 was fixed as the amount to be paid was that under the mortgage-deed it had been agreed that the mortgagees were liable to pay Rs. 27 a year to the mortgagor, the rest of the usufruct going towards the interest. As six years had elapsed since the execution of the mortgage Rs. 162 fell to be deducted from the total consideration. The vendees were to pay to Ram Prasad his proportionate share of the mortgage- money. In the plaint it is stated that the plaintiffs do not know whether this was paid or not, but all the defendants have admitted that it was paid. The present plaintiffs have by various means which it is not necessary to particularise, acquired the equity of redemption of the mortgage and they now seek to recover the 15th share which was originally in the possession of Ram Prasad and which they say is now in that of his widow, 4/5 of the property having been surrendered to the mortgagor in consequence of the sale-deed.

(3.) The only question for decision in this appeal is whether the suit for redemption of the mortgage is barred by limitation or not. Both the Courts below have found that it is so barred, holding that the mortgage was completely paid off in 1890 and that since that. year Ram Prasad's widow has been in adverse possession of the property.