STATE OF PUNJAB Vs. SURJIT KAUR

JUDGEMENT

(1.) Without raising any dispute on facts and consequently on the right of respondents herein to seek redemption of the mortgage of their land, the State of Punjab, appellant in this Letter Patent Appeal filed under Clause X of the Letter Patent has endeavoured to scuttle the aforesaid claim of redemption of mortgage on the plea of limitation. Is the plea of limitation a bar to the relief claimed, i.e., redemption of mortgage, and has any legal force and if not, is State justified in pursuing such matters on such technicalities are the questions that need determination in this appeal.

(2.) Brief facts of the case reveal that the predecessor-in-interest of Surjit Kaur, widow, Roop Singh and Jit Kaur, son and daughter of Bishan Singh filed an application on 29/06/1976 before the Assistant Collector, Custodian Jalandhar for redemption of mortgage of their land measuring 54 kanals 12 marlas. The said land, as per revenue records and, in particular, mutation No. 51, at the relevant time 17 Bighas 17 Biswas, which after consolidation was 54 kanals 12 marlas, was mortgaged by predecessors-in-interest of petitioners, Fateh and Jiwa for a sum of Rs. 30.50 paise through an oral transaction on 12/06/1912 in favour of one Wali Mohammad. It is quite apparent from the records of the case and so is finding of learned single Judge that after partition of the country in 1947, Wali Mohammad left for Pakistan and that is how the interest of mortgagee was shown in favour of the Custodian. The application aforesaid was rejected as time barred by the Assistant Collector, Custodian vide order dated 30/08/1976. A revision preferred by Surjit Singh and others against the orders aforesaid met with the same fate as the same was rejected vide orders dated 30/12/1976 on the ground that the application was barred by time. It is against the orders aforesaid that Surjit Kaur and her two minor children filed the writ petition, which has since been allowed vide impugned judgment.

(3.) The admitted or proved facts of the case manifest that whereas, oral transaction of mortgage between Fateh and Jiwa and Wali Mohammad came into being on 12/06/1912, predecessor of the petitioners died on 7/10/1966, as would be clear from the death certificate, Annexure P-3. Roop Singh, petitioner No. 2 was born on 10/07/1963, a fact borne out of birth certificate, Annexure P-3, whereas Jit Kaur petitioner No. 3 was born on 4/04/1966, so borne out of certificate of birth, Annexure P-5. By virtue of Section 6 of the Limitation Act, 1963, minors could seek redemption of mortgage within three years of their attaining majority, i.e., up to 10/07/1984 and 4/04/1987. The period of limitation for redemption of mortgage as provided in the Indian Limitation Act, 1908 was 60 years. However, by the provisions contained in the Limitation Act, 1963 this period was reduced to 30 years, but, there is a specific provision dealing with a situation where the period of limitation prescribed is shorter than the period prescribed by the Indian Limitation Act, 1908. Section 30 of the Limitation Act, 1963 deals with such a situation. Same reads thus :-