SADHU SINGH Vs. SUBEDAR MAJOR JARNAIL SINGH

JUDGEMENT

(1.) THIS is plaintiff's appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for brevity, 'the code') challenging the judgment and decree dated 19.1.1983 passed by the learned District Judge, Amritsar reversing the findings recorded by the Senior Sub-Judge, Amritsar in his judgment and decree dated 26.3.1982.

(2.) BRIEF facts of the case are that defendant-respondent 1 filed an application before the Collector, Amritsar under Section 4 of the Punjab Redemption of Mortgages Act, 1913 (for brevity, 'the Act') for redeeming the land mortgaged vide mortgage deed dated 10.10.1946 (Ex. D1). The Collector dismissed the application on 27.6.1969. The order passed by the Collector was challenged by filing a suit in accordance with his rights conferred by Section 12 of the Act. The suit of defendant-respondent 1 Jarnail Singh was partially decreed and in the appeal, the cross-objections filed by defendant-respondent 1 were allowed by Additional District Judge, Amritsar in his judgment and decree dated 1.5.1975. The operative part of the order dated 1.5.1975 reads as under :-

(3.) THE plaintiff-appellant filed Civil Suit No. 130 of 1980 on 26.4.1980 challenging the aforementioned order dated 22.2.1980 passed by the Collector claiming the same to be illegal, void and without jurisdiction. A further prayer was also made seeking permanent injunction restraining the defendant- respondents from enforcing the order dated 27.2.1980 by executing the same in the Court of the Collector and dispossessing the plaintiff-appellant. The trial Court decreed the suit on 26.31982 by holding that the plaintiff- appellant was entitled for a declaration to the effect that the order dated 27.2.1980 passed by the Collector, Amritsar was illegal, void and without jurisdiction and defendant-respondents 1 and 2 were not entitled to take possession from the plaintiff-appellant and defendant-respondents 3 to 11. A decree for permanent injunction was also passed in favour of the plaintiff- appellant restraining defendants-respondents 1 and 2 from dispossessing the plaintiff-appellant and defendant-respondents 3 to 11 from the suit land. However, the lower appellate Court on appeal filed by defendant-respondent 1 set aside those findings by holding that once the judgment and decree has been passed by the Additional District Judge on 1.5.1975, then the right of defendant-respondent 1 to redeem the land stood crystalized and order of the Collector to deliver possession of the suit land on payment of Rs. 12,200/- was absolutely in order. The operative part of the order passed by the learned lower appellate Court reads as under :-