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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