PREM KAUR Vs. PREM SINGH AND OTHERS

JUDGEMENT

(1.) THIS is Plaintiff's second appeal arising out of the suit filed by her for redemption of the suit land. The facts are not in dispute now. Briefly stated, Jiwra va owner of 6 Bighas 17 Biswas of agricultural land in lieu of with the suit land was allotted in consolidation protecting. Jiwra fed mortgaged the land on 10th July, 1943 in favour of the Defendant! for Rs. 2050/ After the death of Jiwna his estate was inherited by his widow Naraini. Naraini has also died and the Plaintiff succeeded to the said estate as her daughter. The Plaintiff filed an application under Section 4 of the Punjab Redemption of Mortgages Act, 1913 (for short the Act) on 5th June, 1072 before the Collector. The Collector dismissed that petition on 13th July, 1973 as it was stated on behalf of the Plaintiff that she did not want to prosecute the application. Thereafter the Plaintiff filed the present suit on 7th December, 1973 for possession of the laid land by way of redemption.

(2.) THE Defendants contested the suit and took up various pleas. It is not necessary to narrate those pleas because in this appeal the short question that survives for decision is whether the Plaintiffs suit was within limitation.

(3.) FEELING aggrieved, the Defendants filed an appeal which was heard by learned District Judge, Ropar. Relying upon Shiv Lal and Ors. v. Chetram and Ors. : A.I.R. 1971 SC 2342, wherein it was laid down that Section 12 of the Act did not enlarge the period of limitation fixed for redemption of mortgage, it was held that Plaintiff's suit was barred by limitation as it was filed after 30 years from the date of mortgage. Consequently, the above finding of the learned trial Court was set aside and the appeal was accepted and the Plaintiff's suit was dismissed Not feeling satisfied the Plaintiff has come to this Court in second appeal.