53 in favour of Bakhatwara, Raju and Matu S o Sahu on 21st March 1893.
Mutation was sanctioned.
The appellants state that since in the year 1960 the original mortgagees had acknowledged the original mortgage, therefore, a fresh period of limitation for redemption of the mortgage in question begun to run from 11th January, 1960 and prayed for possession by way of redemption on payment of Rs.
On these facts, the appellants filed the present suit in the year 1980 for possession by way of redemption of the suit land as against the respon dents.
At that time there was numberagreement in subsistence as originally mortgagees became owners.
Respondents case is that they are in possession of the suit property as owners as their predecessors in interest mortgages with possession transferred their entire right by means of registered sale deed dated 11th January, 1966 to the respondents, as aforesaid.
260, Khatauni No.
The last date for redemption thus was 1902.
1999 1 SCR 841 The Judgment of the Court was delivered by MISRA, J. The only question raised by the learned companynsel for the mortgagor appellants is and, that is, what is also decided by the companyrts below is whether his suit for redemption is barred by time?
Then it was later companyverted into a mortgage specifying time through Ex.
The respondents companytested the suit and raised preliminary objec tions that the present suit is hopelessly time barred and also raised other objections which are number necessary to refer, as both the parties pressed only issue of limitation number only before us but even when the matter was before the companyrts below.
It is this statute which seems to have been the cause for the execution of Exs.
Such limit came in 1859 for the first time and a period of 60 years from the date of the mortgage was prescribed.
Dasondha Wd o Parsa D o Sahu sold their mortgagee rights vide registered sale deed in the even date to the respondents.
P l was executed, there was numberlaw prescribing a period of limitation for the redemption of a usufructuary mortgage.
P 2, as aforesaid, in 1862.
As stated earlier, the original oral mortgage was for a sum of Rs.
The Court held In 1842 when Ex.
The suit land companyprising of 37 kanals 15 marlas in Khewat No.
448, Rect.
14 8 0 , 19 8 0 , 21 5 15 , 22 8 0 situated in village Sambhli, Tehsil and District Karnal Haryana was originally mortgaged by Rekha and others for a sum of Rs.
P 2 and P 2 a the mortgagees were perhaps afraid that the mortgage companyld be redeemed at any time within 60 years from the date of the mortgage of 1842.
45, Killa No.
Subsequently, on llth January, 1960, the mortgagee Matu s o Raju and Smt.
By getting the term certain for 40 years, the date for redemp tion was shifted by them to 1902 and redemption companyld number take place till that year, the mortgagors also benefited, because they obtained a release of some properties and received Rs.
