BALWANT KAUR Vs. GANGA SINGH

JUDGEMENT

(1.) Balwant Kaur plaintiff through Dalip Singh, general attorney, has filed this Regular Second Appeal, against the judgment and decree of the learned Additional District Judge, Amritsar, dated 10th October, 1973, by which the judgment and decree dated 21st October, 1970, of the trial Court were set aside and her suit for the possession by way of redemption has been dismissed.

(2.) In order to appreciate the controversy, certain salient features of the case may be noticed :-

(3.) It was vehemently contended by Mr. Puran Chand, learned counsel for the appellant, that the suit could not be dismissed as barred by limitation. According to the learned counsel, no second application lay under Section 4 of the Redemption of Mortgages Act, that the present suit had not been filed under Section 12 of the Redemption of Mortgages Act, that the same had been filed for possession by redemption and that as the right of redemption did not stand extinguished, the plaintiff was entitled to the grant of the decree for possession by redemption.