HARGUDIAL SINGH DHIAN SINGH Vs. DES RAJ LACHMAN

JUDGEMENT

(1.) THIS is an appeal under Clause 10 of the Letters Patent by a plaintiff Hargilrdial Singh against the order of a learned Single Judge in second appeal setting aside a dercee for Rs. 4,581/-, as amended by the learned District Judge in first appeal, and dismissing the plaintiff's suit.

(2.) THE only question involved in the appeal before us, although other points were contested at earlier stages, is whether the suit instituted by the appellant was within time. The facts relevant to this question are as follows. Certain land was mortgaged for Rs. 3,500/- on the 2nd of June 1926 by Lachhman Dab the father of Des Raj respondent whose wife Shrimati Vidya Wati is also a respondent. The original mortgagee Ganda Ram mortgaged his mortgagee rights with the People's Bank of Northern India Ltd. , which obtained a decree against Ganda Ram, in execution of which the mortgagee rjghts were purchased by Hargur-dial Singh appellant in 1036 for Rs. 450/ -. After that Hargurdial Singh wag shown as the mortgagee in the revenue records.

(3.) IN execution of a decree obtained by one Gujjar Mal against Lachhman Das, the original mortgagor, the equity of redemption of the mortgaged land was sold in Court auction and purposed by Ram Lal, who was joined as a defendant in the present suit, in 1940. Ram Lal gifted the rights thus acquired shortly afterwards in favour of Shrimati Vidya Wati. The present suit was instituted by Hargurdial Singh to enforce his mortgage claiming Rs. 5,000/- on account of principal and interest on the and of May, 1951. Lachhman Das the original mortgagor had long since died and Des Raj and his wife were impleaded as defendants along with Maharaj Kishan the other son of Lachhman Das, and Ram Lal the auction-purchaser of the equity of redemption.