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DIXIT
Chandelinju – Appellant
Versus
Raghunathsingh – Respondent


Advocates Appeared:
For the Appellant : Bhagwandas Gupta
For the Respondent: Shiv Dayal

JUDGMENT :

This is an appeal by the plaintiffs against a decision of the District Judge, Bhind affirming the judgment and the decree of the Civil Judge Second Class, Lahar whereby plaintiffs' suit for redemption of a mortgage was dismissed on the ground that it was barred by time.

2. The plaintiffs sued to redeem a mortgage alleged to have been executed on 22-7-1895 in favour of Baldeosingh the father of the present respondents. The suit was filed on 25-7-1940, that is beyond the period of limitation prescribed for redemption suits by the law of Limitation then in force. It was admittedly barred by time. But the plaintiffs relied on an entry in the Khewat of Samvat 1973 to show that the defendant-mortgagee had before the Settlement Officer acknowledged the fact that he was in possession of the property as a mortgagee. It was alleged by the plaintiffs that this entry which was made on 24-8-1916 was signed and verified by the Settlement Officer and by the mortgagee Baldeosingh and that it amounted to an acknowledgment within the meaning of Section 19 of the Limitation Act and thus the plaintiffs' suit was within time.

The plaintiffs also relied on an application said to have been made o
















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