SAWAN SINGH Vs. DALIP SINGH

JUDGEMENT

(1.) This regular second appeal by the defendant/appellant is directed against the judgment and decree dated 24.12.1980, passed by the learned courts below, vide which suit filed by the plaintiff/respondents for declaration to challenge the order passed by the learned Collector under Section 6 of the Redemption of Mortgages Act, 1913 (for short the Act), was allowed.

(2.) Appellants/defendants moved an application under Section 6 of the Act, for redemption of mortgages. Application was allowed by the learned Collector and order of redemption was passed. Plaintiff/respondents being aggrieved, challenged the order passed by the learned Collector before the learned civil courts below under Section 12, of the Act. The ground to challenge the order of learned Collector, was that the application for redemption was hopelessly barred by limitation and that the learned Collector had committed an error, in treating the entries in revenue record to be acknowledgment so as to hold that the application was within time. Suit was contested wherein averments made in the plaint were denied.

(3.) On the pleadings of the parties learned trial court framed the following issues: