PRITAM SINGH Vs. GIRDHARI LAL AND OTHERS

JUDGEMENT

(1.) . - The respondents - plaintiffs tiled quit for declaration that the suit land was under mortgage which the plaintiffs were entitled to redeem and order dated 19.6.1976 passed by the Collector rejecting their prayer for redemption was void. The appellant - defendant contested the suit.

(2.) The trial Court dismissed the suit, but the appellate Court decreed the same.

(3.) Counsel for the appellant contended that the mortgage was dated 21.11.1945 for Rs. 4,225\- and further mortgage was created against an additional amount of Rs. 2,150.00 and an application for redemption made before the Collector on 9.6.1975 was dismissed, but on the date of the suit i.e. 25.8.1976, limitation for redemption had expired and merely because the suit was within limitation for the purpose of challenging the order of the Collector, the same could not be decreed in view of the expiry of limitation of 30 years before the filing of the suit, though after the tiling of an application before the Collector.