RAM SINGH Vs. MASTAN SINGH

JUDGEMENT

(1.) This is defendant's Second appeal against whom suit for declaration has been decreed by both the Courts below.

(2.) Daman Singh predecessor-in-interest of the defendants mortgaged the suit land in favour of Bhagawan Singh and Mastan Singh vide Nakal Roznamcha dated 7.6.1944 for a sum of Rs. 2317.59. Ram Singh and others sons of Daman Singh mortgagor, filed an application under Redemption of Mortgages (Punjab) Act, for redemption of the suit land. The said application was contested by the plaintiffs on the ground that the application dated 26.5.1978 was barred by time as it was filed beyond the period of limitation of 30 years. The learned Collector repelled the contention of the plaintiffs and came to the conclusion that "As per copy of the mutation No. 2771 the mortgagor could not get the land redeemed before the expiry of a period 5 years. So, I am of the opinion that the period of the limitation should be counted from the date he is entitled to get the land redeemed and that is, 7.6.1949. Counting the period of limitation from 7.6.1949, the petitioners could file application till 7.6.1979. The application has been filed before this date, therefore, the application is not time barred." Consequently, he ordered the suit land to be redeemed on payment of redemption money of Rs. 2317.50 paise. The plaintiffs filed the present suit for declaration challenging the said order of the Collector primarily on the ground that the application was barred by time and, therefore, by lapse of time, the plaintiffs have become owners of the suit land.

(3.) In the written statement the plea taken by the defendants was that since the mortgage was 'Miadi' so this time is to be taken into consideration and hence the application for redemption was within time and it has been rightly so held by the Collector.