LAXMAN Vs. BOARD OF REVENUE

JUDGEMENT

(1.) SUIT filed by plaintiffs under section 43 of the Rajasthan Tenancy Act, 1955 (for short 'the Act') was dismissed being barred by limitation by the sub-Divisional Officer, Bundi. On appeal, the Revenue Appellate authority set aside the findings of s. D. O. and decreed the suit directing defendants to hand over the suit property. On a further appeal, the Board of Revenue held that the suit was barred by limitation. Learned single Judge, however, set aside the finding of Board of Revenue and allowed the writ petition. Hence this appeal.

(2.) WE have heard rival submissions advanced before us.

(3.) THE facts giving rise to this appeal are that Mohan Lal and his father Chhitar Lal (for short plaintiffs), filed a suit under section 43 of the Act on July 9, 1965 for redemption of the mortgaged lands bearing khasra Nos. 495/1, 495/2 and 495/3 measuring thirteen bighas and seven biswas. The property was mortgaged by their forefather Manna Lal for a sum of Rs. 280/- in samvat 1961 (in the year 1904) with Madho, khana and Deva (all sons of Basu Mali), who are represented by respondents No. 5 to 10 being the heirs of Madho, Khana and Deva and were placed in possession as mortgagors. It was pleaded that their forefathers manna Lal again took loans of Rs. 30/- in samwat 1974, a sum of Rs. 28/- in Samwat 1984 and thus the disputed land came to be mortgaged for a sum of Rs. 338/- Kattar shahi equivalent to Rs. 270 and 4 annas. The plaintiff had requested for redemption of the mortgage by accepting a sum of Rs. 270 and 4 annas and served a notice to that effect on the defendants. The defendants refused to accept the amount and to deliver possession of the disputed land to the plaintiffs and, therefore, the suit for redemption was filed.