JIWAN SINGH Vs. DALIP SINGH

JUDGEMENT

(1.) This is a defendant's appeal. The suit out of which this appeal arises was filed by one Dalip Singh, a purchaser of a mortgage dated 6 January 1912, executed by the father of defendants 1 to 5, in favour of defendant 6.

(2.) Defendant 7 held a subsequent mortgage and put up the property for sale in execution of his mortgage. Defendant 8 bought the property at the sale at the instance of Niranjan Sarup, defendant 7.

(3.) Plaintiffs claimed a sum of Rs. 626 as due on the mortgage of 6 January 1912, the amount of the mortgage money being Rs. 65. Twelve years having elapsed since the date of the mortgage the plaintiffs claimed that a bond dated 27 March 1914 acknowledged the mortgage in suit and they therefore claim that the suit though filed on 6 March 1925, was not barred by limitation. The two lower Courts have repelled the contention of defendant 8 that the claim was barred by limitation. Defendant 8 has come up in appeal before us and it is contended by the learned Counsel for the appellant that the plaintiff's claim is barred by time as the document dated 27 March 1914, not having been proved according to law, was not admissible in evidence. It is not denied that the document of 27 March 1914 was a mortgage-deed and thus it was a document which for its validity had to be attested. The contention of Jivan Singh was repelled by the learned Subordinate Judge in appeal on the ground that Under the present prevailing practice and law the evidence of Ram Chandra to prove the execution of the deed by Zaharia was enough and sufficient to prove the deed.