MUNSHI Vs. CHIRANJI SINGH

JUDGEMENT

(1.) Two plots Nos. 62/1 and 64/3 in village Sahawali, Pargana Rajpura, Tahsil Gunnaur, District Budaun, were mortgaged in 1891 with possession. The representatives of the mortgagor applied under Section 12, U. P. Agriculturists' Relief Act (No. 27 of 1934) for an order directing that the mortgage be redeemed and that they be put in possession of the mortgaged property. They deposited Rs. 65/- alleging it to be the amount which was due on the mortgage. The representatives of the mortgagee objected to the redemption of the mortgage and the Assistant Collector enquired into the matter and held that plot No. 62/1, which corresponded to the theft plot No. 111, had not been mortgaged and that Rs. 65 was the amount due under the mortgage. He ordered redemption of the mortgage with respect to plot No. 64/3, corresponding to the then plot No. 77, payment of the money deposited to the mortgagee and delivery of possession to the mortgagor. On appeal to the District Judge under Section 23, Agriculturists' Belief Act, the order of the Assistant Collector was maintained. The appellate order was passed on 14-4-1945.

(2.) In May 1949 more than three years after the passing of the appellate order the representatives of the mortgagor-decree-holders applied in execution for the recovery of possession. This application was dismissed as time-barred.

(3.) The representatives of the mortgagor then filed another application under Section 12, Agriculturists' Relief Act in the court of the Assistant Collector. The representatives of the mortgagee again objected to the redemption on the ground that the decision in the previous proceedings under Section 12, Agriculturists' Relief Act operated as res judicata and barred the second suit. The Assistant Collector did not agree with this contention and ordered the redemption of the mortgage with respect to both the plots. On appeal by the representatives of the original mortgagee the appellate court reversed the order of the Assistant Collector and dismissed the application under Section 12, Agriculturists' Relief Act. It is against this order that the applicants, representatives of the mortgagor, have filed the present application in revision contending that the decision of the court below is wrong.