NARINDER SINGH (DIED) Vs. MOHINDER SINGH AND OTHERS

JUDGEMENT

(1.) Boor Singh, predecessor-in-interest of the respondents, mortgaged, with possession, the land in suit with Partap Singh, predecessor-in-interest of the appellants vide registered deed of mortgage dated 08 Sawan, 1967 (BK), for Rs. 1224/-. Mutation of mortgage was attested on 14 Phaggan, 1972 (BK). Predecessor-in-interest of the respondents filed an application for redemption of the mortgage, under Section 04 of the Redemption of Mortgages (Punjab) Act (No.2 of 1913) (for short, 'the 1913 Act'), which was rejected by Collector, Faridkot vide order dated 11.03.1966 (Exhibit D1), saying:

(2.) Punjab Singh etc., successors in interest of Boor Singh and predecessors-in-interest of the respondents then brought Civil Suit No. 111 of 12.05.1966 for declaration that the order dated 11.03.1966 (Exhibit D1) was illegal and liable to be set aside and they were entitled to get the land in suit redeemed. The suit was decreed by learned Subordinate Judge Ist Class, Faridkot, vide judgment and decree dated 07.05.1968 (Decree, Exhibit D2) holding the respondents entitled to redeem the land in suit on payment of mortgage money of Rs.1,416/-. Civil Appeal No.20 of 1968 brought by the appellants to seek reversal/upsetting of judgment and decree dated 07.05.1968 (Exhibit D2), after contest, was dismissed by learned Additional District Judge, Faridkot vide judgment and decree dated 22.07.1970 (Judgment, Exhibit P10). Appellants then approached this Court by way of Regular Second Appeal (RSA) No. 1228 of 1970, which too came to be dismissed vide judgment and decree dated 20.01.1982 (Judgment, Exhibit P3).

(3.) After dismissal of RSA No. 1228 of 1970, Punjab Singh etc. approached Collector, Faridkot, for redemption of the land in suit. Appellants preferred objections to their claim for redemption. Collector, Faridkot, vide order dated 19.10.1982 (Exhibit P2), rejected the objections filed by the appellants, redeemed the land in suit in lieu of Rs. 1224/-, and ordered issuance of warrants of possession in favour of the mortgagors.