KARTAR SINGH Vs. GURDIAL SINGH

JUDGEMENT

(1.) THE petitioners have challenged order dated 14.3.2013 (Annexure P -9) passed by the Civil Judge (Jr. Division), dismissing the objections filed by the petitioners/judgment -debtors under Section 47 of the Code of Civil Procedure, 1908 (for short 'the CPC').

(2.) IN brief, Smt. Ind Kaur w/o Sunder Singh (predecessor -in -interest of the petitioners) mortgaged with possession land measuring 3 bigha 8 biswa 16 biswansi to Badna and Bishna sons of Gulab Singh (predecessor -in -interest of the respondents) vide registered mortgage deed dated 21.5.1920 for a sum of Rs.950/ - followed by a mutation. Respondents No. 1 to 7/mortgagees filed suit for declaration that they have become the owners of the property in dispute due to efflux of time and also sought permanent injunction to restrain the mortgagers/petitioners from interfering in their peaceful possession. The suit was dismissed as withdrawn on 21.11.1981. The mortgagees again filed suit for declaration that they are owners of the land measuring 1 bigha 1 biswas 0 biswansi comprised in Khasra Nos. 369 and 370 on the ground that they have been dispossessed forcibly by the mortgagers/petitioners. The suit was dismissed on 23.1.1984 on the ground that it was barred by the principles of res judicata and as per provisions of Order 23 Rule 1 and Order 2 Rule 2 of the CPC. The mortgagees filed appeal against the said judgment and decree dated 23.1.1984, which was partly allowed and the suit regarding possession of 1 bigha 9 biswa was decreed and the declaration of having become the owner by way of efflux of time was dismissed. The mortgagers challenged the judgment and decree of the Appellate Court dated 5.2.1986 by way of RSA No. 1861 of 1986 whereas the mortgagees did not file any appeal against the judgment and decree of the Appellate Court insofar as the part of the suit regarding declaration that they have become the owners by efflux of time was declined.

(3.) THE mortgagers filed an application under Section 4 of the Redemption of Mortgages of Punjab Act, 1913 [for short 'the Act'] before the Collector, Ludhiana which was dismissed on 29.6.1987. They filed suit for declaration to the effect that the order dated 29.6.1987 is illegal but the same was dismissed on 30.8.1999 on the ground that limitation for redemption had expired. The appeal filed by the mortgagers was also dismissed on 28.2.2002, which has not been further challenged by the mortgagers by way of second appeal.