LAWS(P&H)-1986-9-105

RISALA Vs. MAM CHAND

Decided On September 29, 1986
RISALA Appellant
V/S
MAM CHAND Respondents

JUDGEMENT

(1.) The matter here pertains to the redemption of the mortgage of the land in suit. The point in issue being with regard to limitation.

(2.) The mortgage came into being on March 27, 1942, as per the concurrent finding of both the trial Court as also the lower appellate Court.

(3.) The plaintiff, had, in the first instance filed an application under Section 4 of the Redemption of Mortgages (Punjab) Act, 1913 (hereinafter referred as 'the Act'), for the redemption of this mortgage. This was dismissed by the Collector, Jind, by his order exhibit P. 5 of August 20, 1974 and it was thereafter that the present suit for declaration was filed on November21, 1974, whereby the plaintiff also sought redemption of the mortgage. This suit stands dismissed as barred by time and hence this appeal.