JUDGMENT :

HON'BLE MANISH KUMAR NIGAM, J.

1. Heard Shri Kiran Kumar Arora, learned counsel for the petitioners, Shri Bhanu Bhushan Jauhari, learned counsel for the respondents and perused the record.

2. This petition has been filed challenging the order dated 13.10.2017 passed by Civil Judge (Junior Division), Bareilly in Original Suit No. 35 of 2016, (Asha Johri and others v. Ram Prakash and others) dismissing the application filed by the defendants under Order VII Rule 11 C.P.C. and also the order dated 08.05.2019 passed by Additional District Judge, Court No. 9, Bareilly in Civil Revision No. 117 of 2017 Ram Prakash and others v. Asha Johri and others dismissing the revision filed by the defendants/revisionists against the judgment and order dated 13.10.2017 passed by the Civil Judge (Junior Division) Bareilly.

3. Brief facts of the case are that in the year 1978, one Jagdish Prasad husband of respondent no. 1/plaintiff, mortgaged house bearing No. 333, situate at Mohalla Kunwapur, Bareilly ad- measuring 168.81 sq. meters in favour of the petitioner nos. 1 to 4.

4. The mortgage deed in question was for securing a debt of Rs. 15,000/- given to Jagdish Prasad Johri executant of the mortgage deed and in lieu thereof the house in dispute was mortgaged and the petitioners were put in possession over the house in dispute. It was also settled that the rent of the house will be adjusted towards interest on the sum advanced and the period of mortgage was four years. It was also provided in the mortgage deed that till the entire debt amount is paid, the property will remain in possession of the petitioners and Jagdish Prasad Johri predecessor in interest of the respondents will be entitled for redemption of the mortgage after payment of the loan and in case, the same is not done, will be entitled to get the same by filing a suit. After the death of Jagdish Prasad Johri, a suit was instituted by the heirs of deceased Jagdish Prasad Johri in the court of Civil Judge (Junior Division) Bareilly being Original Suit No. 35 of 2016 for the relief that the defendants be directed to execute the documents for rehan wapsi i.e. for cancellation of mortgage deed and shall also hand over actual physical possession of the house mortgaged to the plaintiffs. The aforesaid suit was filed with the allegation that late Jagdish Prasad Johri requested several times to defendants in the suit to take back amount of Rs. 15,000/- which was given to Jagdish Prasad Johri and cancel the mortgage deed and hand over possession of house in question. After the death of Jagdish Prasad Johri on 26.10.2015, his heirs i.e. plaintiffs in the suit tendered amount of Rs. 15,000/- by means of Bank Pay Order along with notice dated 30.12.2015 to the defendants and demanded that the defendants in the suit may get the mortgage deed cancelled and hand over the possession of the house in dispute. The plaintiff also claimed damages from the date of notice. The notice was replied by the defendants vide notice dated 12.01.2016 wherein the defendants have admitted the mortgage deed and has also admitted that the said mortgage deed was never redeemed and the banker cheque along with notice was returned. It was also stated that the plaintiffs has no right to redeem the mortgage. After being noticed, the defendant nos. 2 to 4 moved an application under Order 7 Rule 11 C.P.C. for rejection of plaint on the ground that the mortgage deed was executed on 28.03.1978 and in the said deed it was specifically mentioned that the mortgage is for the period of four years. The period of four years expired on 28.03.1982. The mortgage was not redeemed by the mortgagor. The limitation for redemption for mortgage is 30 years which has expired on 28.03.2012 and the present suit was filed on 03.03.2016 after the expiry of limitation period and therefore the plaint of the plaintiffs is liable to be rejected. Objections were filed by the plaintiffs/respondents to the application filed by the defendants/petitio