DEEN MOHAMMAD Vs. ABDUL REHMAN

JUDGEMENT

(1.) The plaintiff/appellants by way of this appeal have challenged the impugned part of the judgment and decree dated 4.5.1984, passed by the learned courts below, vide which while declaring the order passed by the Collector under section 6 of the Redemption of Mortgages (Punjab) Act, 1913 (for short the Act) had ordered revival of the proceedings before the learned Collector.

(2.) The plaintiff/appellants instituted a suit for declaration claiming that the order dated 31.7.1980 passed by the Collector, Palwal on the redemption application with respect to the suit land was null and void, illegal and without jurisdiction and not binding on the plaintiffs. As a consequential relief, permanent injunction was prayed for, restraining the respondents from taking possession of the suit land on the basis of the order passed by the learned Collector.

(3.) The defendant/respondents filed redemption application under the Act seeking redemption of the agricultural land measuring 94 kanals 19 marlas, in the court of leanred Collector, Palwal. Ex parte redemption order was passed against the plaintiff/appellants on the basis of false report of the Process Server.