JAIMAL Vs. STATE OF H P

JUDGEMENT

(1.) This appeal is directed against the judgment of a learned Single Judge of this Court, dated 25.8.2008, passed in CWP No. 814 of 2003 (reported in AIR 2009 (NOC) 589 (HP). The appellants before us had filed the writ petition, which has led to the filing of the present appeal.

(2.) The brief facts of the case are that the respondent Nos. 3 to 5 are the successors of the original mortgagors and are referred to hereinafter as "the mortgagors". The appellants are the successors of the original mortgagee and are referred to by the said term.

(3.) Respondent Nos. 3 to 5 filed an application under Section 4 of the H.P. Restitution of Mortgage Land Act, 1976 before the Collector, Sub-Division, Dalhousie on 13.12.1983 for redemption of the mortgage and for restoration of the mortgaged land measuring 8 bighas and 17 bis was situated in Mohal Tika, Khewat No.45, Khatauni No. 90, Khasra Nos. 956, 957 and 958. The case of the appellants is that Govind and Mingo, sons of Kapura, mortgaged the land in question prior to 5.5.1953 in favour of Rojgari, father of the present appellants. On 5.5.1953, one Tankiat No. 42 was drafted. In this writing, it is recorded that Govind on 11.10.1952 had stated that the land was mortgaged with Rojgari for payment of Rs. 60/- more than 8 years ago. Mutation on the basis of this document called Tankiat was attested on 24.12.1953 and entry of the mortgagees being in possession was made. The application for redemption of the mortgage and restoration of the land was dismissed by the Collector on 19.1.1987 on the ground that the limitation would start from 11.10.1952 and since the application was filed on 13.12.1983, more than 30 years after the creation of the mortgage, the same was not within limitation.