Ganga Prasad Rai at the time of the mortgage was the occupancy tenant of the land in dispute.
In the result, the suit was dismissed.
The suit was companytested by Raj Narain Pandey.
It was, however, averred that plaintiffs 1 to 6 had numberright to redeem the land.
1 to 6 along with Lachhman Singh plaintiff No.
In the result, the plantiffs appeal was accepted, the decisions of the companyrts below were set aside, and a decree for possession of the land in dispute was awarded in the plaintiffs favour.
It was fur ther held that the plaintiffs were entitled to redeem the mortgage and recover possession of the land and that the suit of the plaintiffs was number barred by time.
The plaintiffs suit was further stated to be barred by limitation as, according to the written statement, the defendants were in adverse possession of the land for more than 12 years.
Raj Narain Pandey admitted the mortgage alleged by the plaintiffs.
According to the plaintiffs, they had a right to redeem the land from the mortgagee, but as the mortgagee was number prepared to give back the land on receipt of the mortgage money, the plain tiffs were depositing the amount in companyrt.
Appeal by special leave from the judgment and decree dated December 7, 1966 of the Allahabad High Court in Appeal No.
7 filed the present suit for possession of the land in dispute against Rain Cheej Pandey and others on the allegation that Lachhman Singh had transferred all his rights in the land with the companysent and permission of the Zamindar the land lord in favour of plaintiffs to .
The defendants were held entitled to withdraw the mortgage amount already deposited by the plaintiffs.
It was further observed that the defendants, after the mortgage, had become trespassers in the land and the suit against them was barred by time.
Rai Narain Pandey, son of Ram Cheej Pandey, as well as two minor sons of Raj Narain were impleaded as defendants on the ground that the four defendants were members of the joint Hindu family and, as such, were in possession of the land in suit.
It was stated that, as a result of the said transfer, plaintiffs 1 to 6 had become the occupancy tenants of the land in dispute.
The plaintiffs were, however, held to have numberright to sue.
On appeal, learned Additional Civil Judge Ballia held that plaintiffs 1 to 6 were number the successors of plaintiff No.
On January 6, 1955 plaintiff respondents No.
7 had been joined as a companyplaintiff with plaintiffs 1 to 6 to avoid any dispute.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The plaintiffs 1 to 6 also claimed to have acquired Bhumidari rights of the land by depositing ten times the amount of the land revenue.
As numbersuit was brought within the prescribed time against defendant appellants and as they remained in adverse possession of the land for a period of more than 12 years, the present suit brought by the plaintiff respondents, it is submitted, was barred by time.
1 in the suit, is number dead and the appellants, who too were impleaded as defendants, are his legal representatives.
B. Agarwal and K. P. Gupta, for the appellant.
On January 16, 1923 Ganga Prasad Rai, father of Lachhman Singh plaintiff respondent No.
N. Dikshit and S. K. Bisaria, for the respondents.
7, executed a mortgage deed in respect of land in dispute for Rs.
It was also added that plaintiff No.
1308 of 1967.
5252 of 1960.
The trial companyrt found that the plaintiffs suit was number barred by time.
The appellants were further held to be entitled to withdraw the mortgage amount which had been deposited by the respondents.
Ram Cheej Pandey, who was impleaded as defendant No.
The Judgment of the Court was delivered by KHANNA, J. This appeal by special leave is directed against the judgment of Allahabad High Court whereby that Court re versed the decisions of the trial Court and the first appellate companyrt and awarded a decree for the possession of the land in dispute in favour of the plaintiff respondents against the defendant appellants.
600 in favour of Ram Cheej Pandey and put him in possession thereof as a mortgagee.
