GURBACHAN SINGH Vs. INDER SINGH

JUDGEMENT

(1.) THE plaintiff -appellant has filed this appeal against the judgments and decrees dated May 17, 1980 and October 10, 1981 passed by the Sub Judge, 1st Class and the Additional District Judge, Sangrur, respectively.

(2.) BRIEFLY , the facts of the case are that Bakhtawar Singh son of Santa Singh mortgaged with possession the land measuring 36 Bighas and 9 biswas situated in village Buggar, Tehsil and District Sangrur, to Isab son of Kodu for Rs. 2,500/ - vide mortgage deed dated 17 Magh, 1997 Bk., corresponding to January 26, 1941. After the death of Isab, his mortgagee rights were inherited by his legal heirs, namely, Jamala, Bakshi, Bhuro and Umar Din. These legal heirs of Isab further sold their mortgagee rights in favour of Sunder Singh, defendant No. 1, vide sale deed dated 2 Har, 2001 Bk., corresponding to June 15, 1944. Bakhtawar Singh, the original mortgagor, died issueless. His estate devolved upon Santa Singh son of Dharam Singh. Santa Singh raised an additional amount of Rs. 500/ - on the security of the aforesaid land from Sunder Singh, defendant No. 1 on 30 'Jeth 2002 Bk., corresponding to June 12, 1945. In this way, the mortgage amount was raised to Rs. 3,000/ -. Santa Singh also died. His estate was inherited by Gurbachan Singh plaintiff and Sarja Singh. Sarja Singh also died and his share devolved upon Gurcharan Singh plaintiff and his sisters, defendant Nos. 2 to 4. During consolidation of holdings, the land in dispute was allotted in lieu of the land originally mortgaged. Gurbachan Singh plaintiff, who had 5/8th share in the land in dispute, transferred one -half share of his share in favour of his sons Nachhattar Singh, Darshan Singh, Shangara Singh and Bagga Singh and he remained the owner of the said land to the extent of 5/16th share. The plaintiff filed an application under the Redemption of Mortgages (Punjab) Act., 1913 (for short 'the Act') on June 20, 1973. The said application was dismissed on February 11, 1975 by the Collector.

(3.) THE plaintiff filed a suit for possession by way of redemption and for declaration to the effect that the order passed by the Collector was void and illegal, on June 5, 1975, on the plea that the application for redemption of the land was within time as the fresh period of limitation started from June 12, 1945, on which date the mortgagee acknowledged the existence of the mortgage.