PANCHU Vs. BALU

JUDGEMENT

(1.) This is a revision against an appellate order of the Additional Commissioner, Jaipur, dated 10.8.1955 in a case relating to redemption of a mortgage over agricultural land which was originally heard and decided by the Board on 30.4.1956 whereby the decision of the lower appellate court was set aside and the case was remanded to the court of the first instance with the direction that the application be decided on merits in accordance with law. A review application was filed against this decision which was allowed on 1.8.1957 and the revision was accordingly restored and fixed for a fresh hearing.

(2.) We have again heard the learned counsel for the parties to -day. The appeal has been decided by the lower appellate court on the basis of limitation as the application for redemption was held by it to be barred by limitation. The mortgage which forms the subject matter of this dispute was admittedly created on Baisakh Shutting, Svt. 1973 (11th May, 1916 AD.) in lieu of Rs. 110/ - with the stipulation that the mortgage money will be repaid on Baisakh Sudi Punam Svt. 1974, failing which the mortgagees would be handed over possession of the mortgaged property Redemption of this mortgage was applied for on 2.12.1952. Both the lower courts held that at the time of the creation of the mortgage the period of limitation for applications of redemption was only 30 years and hence the application was treated by them as being barred by limitation.

(3.) The first Limitation Act in the former covenanting State of Jaipur was enforced with effect from 1.1.1891 A.D. Art. 31 of the Schedule appended to the Act provided a limitation of 30 years for suits for redemption of mortgages over immovable property commencing from the date of the mortgage. The second Limitation Act was introduced in 1925 and Art. 124 of the Schedule of this Act also provided a 30 years limitation for such suits. The third Limitation Act was introduced in 1943. Art.148 of the First Schedule of this Act provides a 30 years limitation against a mortgagee for redemption and for recovery of possession of immovable property mortgaged commencing from the time when the right to redeem or to recover possession accrued. Thus the position that emerges out of these provisions is that the limitation for the present application was available till 1947 i.e. 30 years commencing from Baisakh Sudi Poonam Svt. 1974. But before this date the Jaipur Tenancy Act had been enforced on 1.2.1946. We have to determine the question of limitation with reference to the provisions of this Act.