KANSHI RAM Vs. LACHHMAN DEAD

JUDGEMENT

(1.) The question that arises for determination in this appeal is whether the High Court is right in dismissing the suit filed by the appellants as barred by limitation. The trial Court and the first appellate Court had answered the question in favour of the plaintiffs holding that the suit was filed within time. The answer to the question depends on whether the suit is one for redemption of the mortgage or is one for recovery of possession of the property which had been mortgaged by predecessor of the plaintiffs with the father of the defendants. Another question which arises in this connection is whether the Himachal Pradesh Debt Reduction Act, 1976 (Act 31 of 1976) provides a fresh cause of action to the debtor/mortgagor to recover the mortgaged property.

(2.) One Punnu father of the appellants mortgaged with possession the suit property with father of the respondents on 26 Magh 2003 (BK) corresponding to February 19, 1946 for a consideration of Rs. 830/-. The appellants who succeeded to the suit land after death of their father made an application on 2-4-1979 to the Collector, Ghumarwin, under Section 4 of the H.P. Restitution of Mortgaged Lands Act, 1976. It was dismissed by the Collector on 1-12-1980 as barred by time. The plaintiffs thereafter filed the suit for possession of the land in dispute under Sections 4 and 5 of the H.P. Debt Reduction Act, 1976 (for short 'the Act'). The defendants contested the suit, on grounds, inter alia, of limitation. The trial Court though answered the issue of limitation in favour of the plaintiffs dismissed the suit on the ground of maintainability in view of the dismissal of their application by the Collector. The first appellate Court reversed the finding of non-maintainability of the suit; confirmed the finding of the trial Court that the suit was filed within time and decreed the suit. The High Court in second appeal reversed the concurrent findings of the Courts below on the question of limitation and dismissed the suit on that score. Hence this appeal.

(3.) For determination of the question formulated earlier it is necessary to note some relevant provisions of the Act. The Act as its name shows was enacted to provide for the reduction of debt in the State of Himachal Pradesh.