JUDGMENT

1. This appeal arises out of a suit to redeem a mortgage said to have been made so far back as the year 1849. A mortgage of this date would, of course, have been barred long before. the institution of the present suit, which was in the year 1914. The original amount said to have been secured by the mortgage was Rs. 100. The plaintiffs now claim not only that they are entitled to get possession of the property, but they claim a large sum as surplus mesne-profits. The case is a somewhat peculiar one, because no doubt a number of entries are in favour of the plaintiffs' contention that there was a mortgage. As far back as the year 1896 steps were actually taken to redeem the property and Rs. 100 was paid into Court. It is said that Bhoom Singh, who paid the money into Court, died and that the defendants refused to take it, and that the money has remained in Court, until (accordingly to the rules) it lapsed to Government. It is strange on the one side how these entries continued and it is strange on the other hand how it was that the plaintiffs never sought prior to the year 1896 to assert their rights at all, and since the year 1896 have slept on them again. The mortgaged prop