SHIB NARAIN Vs. CHITRU

JUDGEMENT

(1.) The sole point for decision in the present cage in whether a certain order made by an Assistant Collector of the first grade in respect of an application for redemption of certain property is incorrect and ineffective against the plaintiff. It appears that on 17 July 1884, one Sada Ram an ancestor of Ghatru plaintiff, mortgaged a plot of land measuring 4 bighas 6 biswas to Sher Singh, an ancestor of Shib Narain and Balwant, defendants. The mortgage was for a sum of Rs. 500. On 9 June 1945 the plaintiff applied to the Assistant Collector of Sonepat for redemption of the property under the provisions of the Redemption of Mortgaged Lands Act, 1913. It was argued before the Assistant Collector that the application was barred by time as it was presented after the expiry of a period of sixty years from the date on which the right to redeem accrued. The learned Assistant Collector came to the conclusion that the matter was too complicated to be decided in summary proceedings and referred the parties to a civil Court. This was on 3 August 1945. On 27 August of the same year the plaintiff brought the present suit under Section 12, Punjab Redemption of Mortgaged Lands Act, 1913, to establish his rights in the mortgaged property. The Courts below found in his favour and held that the order of the Assistant Collector, dated 3 August 1945, was wrong and inoperative and that he was entitled to recover possession of the land on payment of a sum of Rs. 500. The defendants, who are successors-in- interest-of the original mortgagee Sher Singh, are dissatisfied with the order and have come to this Court in second appeal.

(2.) The mortgage-deed dated 17 July 1884, empowers the mortgagor to redeem the property in the month of Jeth. The actual words used in - the document were: Jis waqt kul Zar-i-rahn asal bila sud bamah jeth havale murtahin kar dunga fuk ul rahn arazi marhuna kara lunga. The month of Jeth immediately following the date of the mortgage corresponds to the period 27 May 1685 to 26 June 1885.

(3.) Art. 148, Limitation Act empowers a mortgagor to recover possession of mortgaged property within a period of sixty years from the date on which the right to redeem or to recover possession accrues. Section 4, Punjab Redemption of Mortgaged Lands Act, 1913, enables a mortgagor to present a petition to the Collector for redemption of a mortgage at any time after the money becomes payable and before a suit for redemption is barred.