Ultimately the parties companypromised and the mortgagor agreed to pay the balance of Rs.340 to each mortgagee within a month from May 1, 1964.
14 of Old Limitation Act was raised which was upheld by the Trial Court, but on appeal the decree of redemption was granted and was companyfirmed by the High Court in Second Appeal.
12 of the Act on June 12, 1964.
But the Division Bench under Clause 10 of the Letter of Patent allowed the appeals and set aside the Judgments and Decrees of the companyrts below and granted decree of redemption in terms of the prayer by Judgment dated April 9, 1974.
He filed separate suits against each mortgagee for redemption within one year under Sec.
The facts were that the Collector did number decide the dispute on merits, but rejected the application filed under Sec.
1970 2 SCR 405 by a Bench of three Judges.
He companymitted default in the payment thereof.
12 read with Art.
The mortgagor filed an application under Sec.
After obtaining mutation of their names in the revenue records the respondents filed separate suits for redemption of the mortgages, but beyond one year as companytemplated under Sec.
Pending suits he died.
From the Judgment and Orders dated 9.4.1974 of the Punjab Haryana High Court in L.P.A. Nos.
The petitions were dismis sed.
The Collector passed the order on companypromise under s.11 thereof on February 3, 1964.
K. Mehta, Dhruv Mehta and Aman Vachher, for the Appellants.
Thereafter the suits were dismissed.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
Assailing the legality thereof the appeals have been filed after obtaining leave under the Art.
He deposited a sum of Rs.10 in each mortgage and sought redemption of the mortgages.
14 of the Limitation Act, 1903.
12224 of 1975.
The suits were dismissed by the Trial Court and were companyfirmed by the First Appellate Court and by the High Court in Second Appeals.
The Judgment of the Court was delivered by RAMASWAMY, J. The appellants are mortgagees.
The respondents are the heirs of Kala Singh, the mortgagor.
C. Dua for the Respondents.
Kala Singh executed three mortgages in favour of the appellants Resham Singh, Jaswant Singh and Harbans Singh on September 17, 1962, June 17, 1961 and May 31, 1962 respectively hypothecating the agricultural lands of 16 kanals 16 marlas in each of the first two mortgages and 16 kanals in the third mortgage.
213,214 and 215 of 1973.
4 of the Redemption of Mortgages Punjab Act, 2 of 1913, for short the Act.
