K.RAMASWAMY, N.M.KASLIWAL
Harbans Singh – Appellant
Versus
Guran Ditta Singh – Respondent
JUDGMENT
K. RAMASWAMY, J.- The appellants are mortgagees. The respondents are the heirs of Kala Singh, the mortgagor. 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. The mortgagor filed an application under Section 4 of the Redemption of Mortgages (Punjab) Act, 2 of 1913, for short the Act. He deposited a sum of Rs 10 in each mortgage and sought redemption of the mortgages. Ultimately the parties compromised and the mortgagor agreed to pay the balance of Rs 840 to each mortgagee within a month from May 1, 1964. The Collector passed the order on compromise under Section 11 thereof on February 3, 1964. He committed default in the payment thereof. The petitions were dismissed. He filed separate suits against each mortgagee for redemption within one year under Section 12 of the Act on June 12, 1964. Pending suits he died. Thereafter the suits were dismissed. After obtaining mutation of their names in the revenue records the respo
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