SHADI RAM AND ANR. Vs. RULDU

JUDGEMENT

(1.) THE land in dispute was mortgaged by the predecessor -in -interest of the Plaintiff -Respondent with the predecessor -in interest of the Defendants -Appellants sometime in 1955 Bk., for a sum of Rs. 59 only.

(2.) ON May 25, 1961, the Plaintiff -Respondent made an application to the Collector for redemption of the said mortgage under the provisions of the Redemption of Mortgages (Punjab) Act, 1913 which was dismissed on April 16, 1962. A copy of that order is Exhibit P -17. The Plaintiff -Respondent then filed the suit, out of which this appeal has arisen, on March. 18, 1963, for redemption of the said mortgage and possession of the land. The Defendants contested the suit on the ground that it was barred by limitation and the right of the Plaintiff to redeem the land had been extinguished. The learned trial Court framed the following issues:

(3.) IT was provided in Clauses (a) and (b), of Sub -section (4), of Section 1, of the Patiala Act, that the provisions thereof would not apply to the suits, appeals or applications, pending in any Court on the date of its enforcement or which might be filed within one year thereof. It is clear from this provision that any, suit, appeal or application which had become barred by time or might have become barred by time within one year of the enforcement of that Act, was to be filed within one year as provided therein but any other suit, appeal or application for which the period of limitation had been provided in the said Act, and that period of limitation was to expire after the period of one year, was to be governed by the said Act. Section 3 of the Act, as well as of the Patiala Act, provided that every suit instituted, appeal preferred and application made after the period of limitation prescribed therefor, by the First Schedule shall be dismissed although limitation has not been set up as a defence unless the case is covered by any of the provisions contained in Sections 4 to 25, of the said Acts.