TOTA SINGH Vs. SODHA

JUDGEMENT

(1.) The impugned judgment and decree of the lower appellate Court warrant no interference in appeal.

(2.) The relevant facts as they emerge from the record are that Sodha was the owner of the land in suit. He mortgaged this land to the plaintiff Tota Singh and sometime thereafter, he sold a portion of the land in suit to one Lal Singh. Lal Singh filed an application before the Collector seeking redemption of the mortgage under the Redemption of Mortgages (Punjab) Act, 1913. This application was dismissed in default on February 20, 1969.

(3.) An application for redemption of the mortgage was later filed by Sodha which was allowed by the Collector by his order of August 23, 1976. The redemption was allowed on payment of Rs. 2382/-. It is this order that the plaintiff-mortgage Tota Singh sought to be challenged on the ground that in view of the dismissal of the earlier application for redemption of the mortgage by Lal Singh, no application for redemption of the mortgage by Sodha was competent. Both the Courts below rightly repelled this contention holding that both Lal Singh and Sodha had an independent right to redeem the mortgage and in this behalf, neither could be said to be the representative of the other. No exception can be taken to this reasoning.