JADHAV GOPAL Vs. SAMAL BECHAR

JUDGEMENT

(1.) The plaintiff, Jadhav Gopal, brought this suit for redemption against Samal Bechar, Defendant No. 1, and four other defendants with whom I. am not concerned in this appeal.

(2.) The plaintiff sued to redeem land measuring seven acres and nine gunthas originally mortgaged by one Jesang Umed in 1839 to Vithal Banchhod, the ancestor of the defendants. Vithal's family separated into two branches, one branch dealt with three acres and twenty gunthas of the mortgaged land and the other branch dealt with the remainder. Bechar sub- mortgaged three acres and twenty gunthas in 1878.to the present plaintiff's father. In 1922 plaintiff's father acquired the right to the equity of redemption of all the property. It is conceded that his claim to redeem the land now in possession of the defendants, other than Defendant No. 1, has become barred by limitation.

(3.) With regard to Defendant No. 1 it was contended that the mortgage of 1839 was kept alive by an acknowledgment made by the father of Defendant No. 1 by the sub-mortgage of 1878. The trial Court found that the plaintiff was entitled to redeem, and that on taking accounts nothing was due.