SHEO NARAIN Vs. RISALDAR AMIR SINGH

JUDGEMENT

(1.) THIS second appeal has been preferred against decree of the lower appellate court whereby a declaration was granted that redemption of mortgage permitted by the Collector by order dated 15.11.1977 was void.

(2.) CASE of the respondents is that suit property was mortgaged by one Hardwari in favour of plaintiffs and defendant Nos. 1 to 4 and possession was given for that purpose on 29.12.1945 for which mutation was sanctioned on 20.12.1946. A part of this property was mortgaged by the other co-owner Smt. Chhano in respect of which mutation was sanctioned on 29.8.1950. Defendant No. 1 Sheo Narain purchased the redemption rights from defendant Nos. 5, 6, 10 and 11 and applied for redemption against the plaintiffs and defendants Nos. 2 to 11 and redemption was allowed. The plaintiffs sought a declaration that redemption could not be allowed.

(3.) ON appeal, the decree of the trial court was set aside and it was held that redemption qua mortgage dated 29.12.1945 was invalid as the mortgage became effective on 29.12.1945 itself while application of redemption was filed on 15.11.1976.