Judgement

Appeal (No. 31 of 1929) from a decree of the High Court (January 3, 1924) affirming a judgment of the Additional District Judge of Sheikhupura (March 26, 1923) which reversed a decree of the Subordinate Judge.

The respondents sued to redeem a mortgage of 1880; the defendants were the original mortgagee, and the present appellants who] represented three persons (two of whom were dead) who had purchased the mortgagees interest. The appellants pleaded that they had bought the equity of redemption in or about 1892, and that they had since held the land not as mortgagees but as owners. The Transfer of Property Act not applying in the Punjab the sale and transfer could validly be effected orally.

Five issues were settled, including the following (1) Does the relation of mortgagor and mortgagees subsist between the plaintiffs and defendants Nos. 3 to 7? (4.) Was the land in suit sold to defendants Nos. 3 to 7 by Sultan and Mohammad Bakhsh (the mortgagors)?

At the trial both parties adduced oral and documentary evidence. The appellants relied on, inter alia, a record-of-rights of the village prepared in 1892 under the Punjab Land Revenue Act (XVII. of 1887),

s. 31, the names of t