JUMMA Vs. KHUBI RAM
LAWS(P&H)-2010-3-112
HIGH COURT OF PUNJAB AND HARYANA
Decided on March 04,2010

JUMMA Appellant
VERSUS
KHUBI RAM Respondents


Referred Judgements :-

BACHAN SINGH V. ARJAN SINGH [REFERRED TO]
SHEOLAL VS. SULTAN [REFERRED TO]
TUNDAL VS. MUNSHI [REFERRED TO]
CHAND VS. DEVIA [REFERRED TO]


JUDGEMENT

ALOK SINGH, J. - (1.)BY way of present appeal, filed under Section 100 of the Code of Civil Procedure, plaintiff/appellant is assailing the judgment and decree dated 8.9.1982 passed by the learned first Appellate Court, thereby allowing the appeal and setting aside the judgment of the trial Court. The first Appellate Court vide impugned judgment dismissed the suit of the plaintiff by holding that suit is barred by limitation in view of the fact that same was filed after one year from the date of order passed by the Collector dismissing the application of the plaintiff seeking redemption.
(2.)THE brief facts of the present case are that plaintiff/appellant herein filed a suit for redemption of agricultural land measuring 48 kanals 15 marlas (hereinafter referred as the land in dispute). Smt. Rajjo widow of Chand Mal, the limited owner in possession of the suit land made a gift thereof in favour of the plaintiff on 20.5.1953 who subsequently sold the same to defendant for a consideration of Rs. 8000/-. Subsequent to the sale, Mandroop, the father of plaintiff being the near collateral and reversioner of the husband of Smt. Rajjo filed a civil suit No. 276 of 1957 against the plaintiff and deceased defendant Thakur Lal entitled Mandroop v. Jumma and Thakur Lal challenging the impugned gift and sale deed respectively alleging that Smt. Rajjo being the limited owner in the suit land had no right to make the gift in favour of Jumma and consequently, the sale of the suit land is illegal and void. During the pendency of that suit, the parties entered into a compromise and accordingly, the suit was decreed on 24.5.1958. According to the compromise decree, the sale of the suit land was held to be illegal and void and Mandroop was declared the owner of the suit land. It was further held that the suit land will be deemed to be mortgaged with possession in favour of deceased defendant Thakur Lal for a sum of Rs. 6000/-.
Since Mandroop has died and therefore, the plaintiff being the only heir has become owner/mortgagor of the suit land and is entitled to redeem the same on payment of Rs. 6000/-. According to the plaintiff that inspite of his repeated requests the defendants have refused to redeem the suit land; hence he is left with no option, but to file the present suit.

(3.)THE defendants Nos. 5 to 8 were proceeded ex-parte on 3.12.1981.


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