PARTAP SINGH Vs. MEHARBAN

JUDGEMENT

(1.) This is a plaintiffs appeal in a suit for redemption of an old mortgage. The plaintiffs came into Court on the allegation that the ancestors of the fathers of plaintiff No. 1 and the other plaintiffs were co-sharers of a 10-anna share of village Safa, and as they could not pay the Government revenue due, Nand Lal, the common ancestor of the defendants, had to pay Rs. 90 and Nand Lal took possession of their share. The Courts below have found that the plaintiffs have failed to prove the mortgage setup by them. Mr. Asthana on behalf of the appellants contends that the Courts below lost sight of para. 10 of the written statement filed by the defendant Meharban Singh on the 15 October, 1924. Paragraph 10 of the written statement is as follows: About 66 years ago there was no grain produce in Mauza Safa and there was a famine. Nand Lal and his father who was the lambardar had to pay about Rs. 2,000 on aceount of revenue after borrowing the money. The other co-sharers refused to pay the damages (tota). Accordingly Nand Lal and his father took possession of the share of the co-sharers of the 10-anna share who were the predecessors of the plaintiffs.

(2.) This paragraph further goes on to aver that Nand Lal was in adverse possession. A written statement was also filed by Kallu, Maharaj Singh and Musammat Ram-Oman in para. 6 of which they say "If the mortgage is maintained the defendants are entitled to get Rs. 2,000 with interest get the rate of Rs. 2 percent, per mensem".

(3.) In para. 4 no doubt they say that Nand Lal forcibly took possession of the shares In dispute.