GURMEJ KAUR Vs. PRITAM SINGH

JUDGEMENT

(1.) This is defendants' regular second appeal against the judgment and decree of the Additional District Judge affirming in appeal the judgment and decree of the trial Court.

(2.) Plaintiff filed a suit for possession by means of redemption of land measuring 29 Kanals 10 Marlas as per details given in the head-note of the plaint on payment of Rs. 4000/- or any other sum which may be determined by the Court.

(3.) The claim was resisted by the defendants on a number of grounds but later on resisted the claim on the ground of bar of limitation. As per case of the defendants, plaintiff's application for redemption of land under Redemption of Mortgages (Punjab) Act No. 2 of 1913 having been dismissed, suit could only be filed within one year from the date of dismissal in view of Article 100 of the Limitation Act. The Collector dismissed the application of the plaintiff on 16.2.1970 whereas the suit has been filed on 18.10.1986. Both the Courts on considering the matter found no substance and so decreed the suit of the plaintiff as prayed for.