Decided on November 19,1954

RIKHI RAM Appellant
ALBELA Respondents


- (1.) This is a plaintiff's appeal against an appellate decree of District Judge J.S. Bedi dated the 23rd November, 1950 confirming the decree of the trial Court dismissing the plaintiff's suit for possession by redemption.
(2.) Lal Singh was the original owner of the land in dispute. He mortgaged a three-fourths share of this land to Gopi and the predecessor of Albela in equal shares. Gopi sold his share i.e., three-eighths share to Daya Ram. The plaintiffs redeemed the three-eights share from Daya Ram, the successor-in-interest of Gopi. On the death of Lal Singh his estated devolved on his son on whose death it passed to his mother Mst. Dakhan who died in 1929. Ram Kishan claiming to be collateral of Lal Singh got the estate mutated in his name by the revenue authorities. It is not necessary to go into the intermediate litigation because that is irrelevant to the issue before me.
(3.) The plaintiffs by a deed of transfer dated the 24th April, 1934 purchased the rights of Ram Kishan and have brought a suit for redemption against Albela. Their right to redeem was denied by the defendant and the following two issues are relevant for the purposes of the appeal :- 1. Whether Ram Kishan was a collateral of Lal Singh deceased ? 2. If issue No. 1 is not found, whether Ram Kishan was of the same got as Lal Singh and as such was an heir to the latter, alone or with some other goties in existence at that time ?;

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