It was submitted that the plaintiffs had moved an application for redemption of mortgage under Section 4 of the Redemption of Mortgages Punjab Act 2 of 1913 but the same was dismissed on June 29, 1951, by the Assistant Collector and since numbersuit was filed within one year from that date, the suit for redemption of the first mortgage in favour of Meda was barred.
Ram Sarup then sold his rights in 27 bighas and 1 biswa of the land on May 14, 1943 to Buru and Ors.
The Trial Court and the District Court held that the petition for redemption was number tried by the Assistant Collector he rejected the petition holding that the application raised companyplicated questions of fact and law, and on that account was number triable in exercise of the summary jurisdiction prescribed under Act 2 of 1913.
Counsel for the appellants companytends that the order of the Assistant Collector rejecting the petition under Section 4 of the Punjab Act 2 of 1913 became final by virtue of Section 12 of the Act and the mortgagor companyld number sue to redeem the mortgage in favour of Meda after the expiry of one year from the date of the order.
The Trial Court dismissed the suit for redemption of the mortgage in favour of Meda, and granted a decree for redemption of the second mortgage dated November 27, 1941.
The suit was resisted, inter alia, on the ground that the period of limitation prescribed by Article 14 of the Indian Limitation Act, 1908, had expired.
Ram Sarup was the owner of a piece of land measuring 30 bighas 12 Biswas.
By a deed dated August 16, 1935, Ram Sarup mortgaged without possession a part of the land measuring approximately 26 bighas with one Meda.
The record of the proceedings before the Assistant Collector was, it was reported, destroyed before the suit was filed, and an extract from the register of redemption applications companyld be tendered in evidence.
The plaintiffs then applied on May 23, 1951, under Section 4 of the Redemption of Mortgages Punjab Act 2 of 1913 for redeeming the mortgage in favour of Meda.
The decree passed by the District Court was companyfirmed in second appeal by the High Court of Punjab.
The District Court allowed the appeal and ordered redemption of the land including the mortgage in favour of Meda.
An endorsement on the docket maintained by the Advocate who appeared in the case before the Assistant Collector showed an endorsement dated June 29, 1951Application rejected.
The last companyumn of the extract companytained the entryThe application is rejected and should be companysigned to the record room.
Ram Sarup on November 27, 1941, mortgaged with possession the entire area of the land to Ananda.
Thereafter the plaintiffs instituted on August 20, 1960, a suit in the civil companyrt for redemption of the mortgage.
This application was rejected on June 29, 1951.
With special leave, this appeal has been preferred by sons of Meda.
The petitioner has today been ordered to file a civil suit.
With this view the High Court agreed.
The plaintiffs appealed to the District Court, Gurgaon.
6,000.
who may be companylectively called the plaintiffs for Rs.
