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1977 Supreme(P&H) 2

R.S.NARULA
Joginder Singh – Appellant
Versus
Krishan Lal – Respondent


Judgment

1. In order to appreciate the points of law which call for decision in this petition it is necessary to survey in brief the relevant facts of this case. Krishan Lal plaintiff-respondent filed an application for redemption of the land in dispute before the Collector on December 3, 1969. The application was dismissed by the Collector on November 30, 1970. On November 30, 1971 (December 3, 1971), Krishan Lal respondent filed this suit for declaration to the effect that the order of the Collector by which his application for redemption had been rejected was improper, against law and against the provisions of the Redemption of Mortgages (Punjab) Act, 1913 and was, therefore, null and void. A further declaration was prayed to the effect that the plaintiff-respondent is entitled to redeem the land in question under S. 12 of the said Act. Defendants 1 to 9 in the suit as originally flied were the mortgagees. Defendants 10 to 13 were co-mortgagors of the plaintiff-respondent- Defendant No. 5 Sant Singh and defendant No. 9 Khushal Singh were amongst the mortgagees. During the pendency of the suit it transpired that Khushal Singh had died as long ago as on May 10, 1962, and Sant Singh

























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