WALI MOHAMMAD Vs. MOHAMMAD BAKSH

JUDGEMENT

(1.) The following genealogical tables will show the relationship of the parties to this litigation, and will be helpful in understanding the disputes between them: The facts out of which this present appeal arises are shortly as follows : By a registered deed dated 15 March 1880, and executed by Sultan and Mohammad Bakhsh, certain lands and wells were mortgaged to the aforesaid Chaudhri Miran Bakhsh in consideration of the sum of Rs. 1,200. The mortgagees went into possession, and it was a term of the mortgage that the mortgagers would not be competent to redeem the mortgaged premises until after 20 years from the date of the mortgage. About the year 1891, Miran Bakhsh transferred his interest to Wali Mohammad, Ali Mohammad, and Mohammad Bakhsh, sons of Dare Khan, all named in the above-named genealogical tables, and they went into possession after their purchase.

(2.) It is alleged by the defendants that the mortgagors Mohammad Bakhsh and Sultan sold their equity of redemption about the year 1891 or 1892 to defendant 3, and the said Ali Mohammad and Mohammad Bakhsh for Rs. 1,200 and Miran Bakhsh released the mortgaged premises to them.

(3.) The plaintiffs, who are the mortgagor Mohammad Baksh and the descendants of Sultan, denied such sale, and instituted the present suit in the Court of the Subordinate Judge of Shiekhupura on 17 November 1920, against the sons of Miran Bakhsh and the present appellants for the redemption of the mortgaged premises. The only point discussed before the Board is whether the appellants have proved the sale.