D.V. Sehgal, J. - (1.) Dula Singh, father of the appellant, being the owner of 27 Kanals 17 Marlas of land described in the plaint, mortgaged the same in the year 1939 with one Bishan Singh son of Bhag Singh by way of oral mortgage. Bishan Singh later on transferred the mortgagee rights in favour of Kesar Singh, father of the defendant-respondents. On the death of Dula Singh, the right of redemption of the mortgage was inherited by the appellants Likewise, on the death of Kesar Singh, the mortgagee rights in the suit land devolved on the respondents. The suit was filed by the appellant for redemption of the said mortgage alleging that the mortgage had taken place in the year 1939 and the amount due on the mortgage was Rs. 200.00. It was a mortgage with possession and the respondents had been enjoying the produce of the land in lieu thereof.
(2.) The suit was contested by the respondents. They admitted the factum of mortgage. They, however, contended that the particulars of mortgage were wrong, the amount due on the mortgage was Rs. 1,200.00 and that the suit was hopelessly barred by time.
(3.) On the pleadings of the parties, the learned trial Court framed the following issues:- (1) Whether the suit is within time ? OPP (2) What is the mortgage amount on the payment of which the land in suit can be redeemed ? OPP (3) Whether the plaintiffs has locus standi to redeem the laud in suit ? OPP (4) Relief.;