DALIP SINGH Vs. SAWAN SINGH

JUDGEMENT

(1.) We have heard learned senior counsel for the appellants and learned counsel for the respondents.

(2.) Briefly stated the facts of the case are that the petitioners herein, the original plaintiffs, are the mortgagees of the disputed property admeasuring 114 Kanals and 4 Marlas of land situated at Village Tamkot, Tehsil Mansa, district Bathinda. The said property was mortgaged by the ancestors of the respondents herein who were the original defendant in the Civil Suit No.291/1975 that was filed by the petitioners/original plaintiffs challenging the order of the Collector dtd. 17/9/1975. The respondents/defendants had filed an application under Sec. 6 of Redemption of Mortgage Act, 1913 for redemption of the said property that was mortgaged by the ancestors of the respondents/defendants. The said order was allowed by the collector vide order dtd. 17/9/1975, and therefore allowed the redemption of the mortgaged property in favour of the applicants i.e. respondents/defendants herein. Aggrieved by the Collector "™s order dtd. 17/9/1975, the petitioners/original plaintiff filed Civil Suit No. 291/1975. The said suit was decreed in the favour of the petitioners/original plaintiff vide order dtd. 22/9/1976 wherein the Trial Court observed that the application for redemption of mortgaged property preferred by the respondents/defendants was barred by limitation and therefore the Collector's order dtd. 17/9/1975 was set aside.

(3.) Aggrieved by the said judgment and decree, the respondents/defendants preferred first Appeal before Additional District Judge, Bhatinda in Civil Appeal No.107/R.T.-99 of 76/77 which was dismissed vide order dtd. 24/12/1980.