AJIT SINGH Vs. KIRPAL SINGH

JUDGEMENT

(1.) The plaintiffs are in appeal to this court against the judgment and decree dated 2/01/1980 passed by the learned District Judge, Faridkot whereby the judgment and decree dated 8/03/1979 passed by the learned Sub-Judge Ist Class, Moga was reversed and the suit for possession by way of redemption filed by the plaintiffs was dismissed.

(2.) Facts. A suit for possession by way of redemption of land measuring 27 Kanals 1 marla as detailed in plaint was filed by the plaintiff-appellants (hereinafter referred to as the plaintiffs). It is the case of the plaintiffs that they are the owners as well as the mortgagors of the suit land and the defendants are recorded as mortgagees. Originally, the land was mortgaged by Santa Singh, Malkit Singh, Jagir Singh, Ajit Singh and Dalip Singh. Plaintiffs No. 1 to 3 are the original mortgagors whereas the remaining plaintiffs are the successors-in-interest of the original mortgagors. The land was mortgaged with Tara Singh son of Sobha Singh. The defendants are the successors-in-interest of Tara Singh deceased. According to the plaintiffs, some land out of the suit land was mortgaged on 14/12/1948. More land was mortgaged on 14/06/1948. Additional mortgages were executed on 6/06/1949 registered on 12/06/1949 and on 12/06/1950. Whereas the land was originally mortgaged for Rs. 4,000.00 the additional mortgages were for an amount of Rs.1,100.00. The plaintiffs pleaded that the suit land was allotted in lieu of the land originally mortgaged during consolidation. Accordingly, the present suit for redemption was filed.

(3.) The defendants-respondents (hereinafter referred to as the defendants) contested the suit. A written statement was filed by then taking an objection that the suit was barred by limitation. It was further stated by the defendants that an application for redemption of the suit land had been filed by the plaintiffs on 12/06/1974 with the Collector, Moga under the provisions of the Punjab Redemption of Mortgagees Act and vide order dated 3/04/1975 the said application has been dismissed. Various other objections had been taken. It was also stated that the right of redemption of the mortgagors had lapsed by efflux of time i.e. after the expiry of 30 years. The ownership of the plaintiffs was also challenged. The stand of the defendants was that they had become owners of the suit land as the right of redemption stood extinguished by the lapse of time. The defendants stated that the plaintiffs be called upon to prove the execution of the additional mortgages. It was also stated that Lal Singh defendant had no authority to acknowledge the mortgage on behalf of other mortgagees and any acknowledgment on his behalf was not binding upon the other defendants.