SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1960 Supreme(Pat) 220

KANHAIYA SINGH, V.RAMASWAMI
Ram Jatan Singh – Appellant
Versus
Lagandeo Singh – Respondent


Judgment

1. In the suit out of which this appeal arises the plaintiff prayed for redemption of two zarpeshgi deeds, one dated the 18th of February, 1879, executed by Tilak Chamar, son of Milap-Chamar, and the other dated the 18th of February, 1879, executed by Dipa Chamar, son of Moti Chamar, in favour of Jugeshwar Singh, grandfather of defendant Lagandeo Singh. In the first zarpeshgi deed the consideration was Rs. 64, and the property mortgaged was 2 bighas and 12 dhurs of land.

The second zarpeshgi deed was executed for a consideration of Rs. 61 with regard to 2 bighas 10 kathas 8 dhurs of land. There were subsequent mortgages of the same property on the 11th or Baisakh 1291 and the 25th of Jeth, 1299, Fasli. The trial Court granted a decree for redemption in favour of the plaintiff, but the lower appellate Court has dismissed the suit on the ground that the suit was barred by limitation.

2. The main argument put forward on behalf of the plaintiff-appellant in this Court is that the lower appellate Court was erroneous in holding that the suit was barred by limitation. It was pointed out that on the 9th of September, 1919, Jadunandan Singh, father of defendant No. 1, executed a sub




Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top