P 5 is the Jamabandi for the year 1962 63 which show the possession of Daulat Ram as Co sharer over the aforesaid land and all the three brothers are shown as companyowners.
Exhibit P 10 is the order of redemption which shows that the suit land was redeemed by Sarup Ram, Daulat Ram and Room Singh, sons of Prem Singh companylectively.
Leave granted This appeal by special leave arises from the judgment and order dated August 25, 1993 made in Regular Second Appeal No.2311/92 by the Punjab Haryana High Court.
P 6 Jamabandi for the year 1969 70 all the three brothers are shown as owners and plaintiff is shown as in cultivating possession.
P 4 is Khasra Girdawari for the period Swani 1961 to Rabi 1985 and this Khasra Girdawari is in the name of plaintiff as company sharer.
It was companytended in the appeal before the High Court and repeated in the special leave petition that he had redeemed the property by himself.
it is proved that the plaintiff deposited the amount of Rs.506/ , but on whose behalf he had deposited this amount, is number clear, because this fact can be proved only by the Treasury Voucher which has number been placed on records number PW 4 Kailash Chand has brought the treasury voucher.
the land described in the head note d of the plaint was got redeemed by all three brothers and they are owners in possession of the land in equal shares.
The appellant laid this suit on April 8, 1986 for declaration and possession of the plaint suit property on the plea that it had fallen to his share through private partition and thereafter he has become the absolute owner thereof.
Therefore, by subrogation he became the mortgagee unless other companyowner redeem the mortgage from him he remains as mortgagee and the suit should have been decreed on that basis.
In the companyumn No.12 of this document mutation No.701 of redemption of mortgage is mentioned.
So far as the statement of PW 4 Kailash Chand is companycerned, it is true that from his statement.
In ex.
