Judgment. - Ishar Singh defendant 1 mortgaged with possession for a sum of Rs. 2400 the house in dispute to Bohru Mal Mahajan by means of a registered deed dated 17-8-1928, Ex. D-2, and he mortgaged on 6-12-1933, a haveli for Rs. 3000 by means of Ex. D-1. Behari Lal, who is the son of Ishar Singh, brought a suit on 27-10-1945 for declaration to the effect that these mortgages were not binding on him and that an injunction may be issued to defendant 2, the mortgagee restraining him from interfering with the plaintiffs possession of the said property. It was nowhere alleged that the possession had been taken or if it had been taken when it had been taken. the defence inter alia was that the suit was barred by time. The trial Court held the suit to be barred by time and this finding was affirmed by the learned District Judge. The plaintiff has come up in appeal to this Court.

2. The plaintiff submits that the finding of the learned District Judge is wrong because he was less than twenty-one years of age when he brought the suit. The evidence which was produced by the plaintiff was of five witnesses including himself. P. W. 1, Nanak Chand prepared his horoscope but the horoscope was not

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