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1991 Supreme(HP) 58

D.P.SOOD
BANSI RAM – Appellant
Versus
KHAZANA – Respondent


Advocates Appeared:
For the appellant(s)/petitioner(s):Shri M. C. Mandhotra, Advocate. For the respondent(s):Shri R K. Sharma, Advocate.

JUDGMENT

D. P. Sood, J.—This Regular Second Appeal under para 32, of the Himachal Pradesh (Courts) Order has been directed against the Judgment and decree dated April 16, 1982, of the learned Additional District Judge, Mandi and Shim la Division, Camp at Bilaspur.

2. Plaintiffs are the appellants. Their suit for possession of suit land by way of redemption was decreed by the trial court, but has been dismissed in appeal on the short ground that the suit is patently time barred. Thus the sole question involved in the instant case is "whether the suit in "question has been filed within time."

3. The facts leading to the instant appeal, shortly stated, are that S/Sh. Shyama and Jyoti, predecessor-in-interest of the appellants had mortgaged with possession the suit land with S/Shri Jawahar and Kanshi Ram, predecessor-in-interest for a consideration of Rs. 100 on 10th of Jeth 1977 BK On 8th February, 1967. the plaintiff preferred an application for redemption of the mortgage in question before the Collector. Bilaspur, which application was contested. For the reason given in his order dated 11-5-1971 Ex. PC the appellant were directed to seek their remedy in a civil court, consequent wheret








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