JUDGMENT

P.C. Banerji, J. - This appeal arises out of a suit for redemption of a mortgage alleged to have been made some time between 1833 and 1839 by Albela and Lachhman in favour of Ganga Ram and Ram Dayal. It is stated that the property which is the subject matter of the suit was the subject of a mortgage, that the amount of the mortgage was Rs. 561-4 and that the mortgage was redeemable upon payment of the mortgage money in the month of Jeth of any year. The plaintiff is the purchaser of the equity of redemption from the successors-in-title of the original alleged mortgagors. The principal defendants, who are the representatives of the mortgagee?, deny the fact of the mortgage and deny that the claim is within limitation. Undoubtedly it is for the plaintiff who comes into Court for possession of property by redemption of mortgage to prove two things, first, that a mortgage answering substantially to the description of the mortgage alleged in the plaint was created, and, secondly, that the mortgage was a subsisting mortgage when the suit was brought, i.e., that the plaintiff's claim was not time barred. The fact of the mortgage as alleged by the plaintiff has been found by the Co