TUNDAL Vs. MUNSHI

JUDGEMENT

(1.) THIS judgment shall dispose of Regular Second appeal Nos. 724, 725, of 1985 and 1740 of 1990 and 307 of 1991 as common questions of law and fact are involved in these appeals.

(2.) FACTS are being taken from Regular Second Appeal No. 724 of 1985. This is defendants regular second appeal against the judgment and decree of the Additional District Judge whereby the appeal filed by them against the judgment and decree of the trial court was dismissed.

(3.) DEFENDANT No. 1 contested the suit. Defendants No. 3 to 5 and 7 to 9 have filed written statement admitting the claim of the plaintiffs and made further prayer that they are also entitled to get the suit land of their share redeemed. In the written statement filed by defendant No. 1 it was stated that the mortgage amount was Rs. 2200/ -. Defendant No. 1 denied that the plaintiff or defendants No. 2 to 9 are not legal hairs of Smt. Mohori or that plaintiffs 6 and 7 are not lawful heirs of successors of Smt. Mohori. In addition thereto, it was urged by the defendant that the plaintiffs petition under Section 4 of the redemption of mortgages Act was dismissed and so the right of redemption of the plaintiffs is extinguished and this way the suit of the plaintiffs is liable to be dismissed. By way of preliminary objection, it was stated that the suit was time barred and also not maintainable as the order of dismissal of the petition by the Collector is final and conclusive. In the alternative, it was pleaded that if the suit is decreed the defendant is entitled to receive back the actual mortgage money of Rs. 2200/ -.