S.S.SANDHAWALIA, PREM CHAND JAIN, MAN MOHAN SINGH GUJRAL
Chanan Singh – Appellant
Versus
Majo – Respondent
S.S.SANDHAWALIA, J.
1. Doubts about the correctness of the ratio decidendi in the Division Bench judgment of this Court in Gurditta Singh V/s. Harbans Singh, 1974 76 PunLR 418, have rightly necessitated this reference to the Full Bench.
2. The legal issues, which fall for determination herein, arise from pleadings and facts which are not in serious dispute. The original owner of the land in the suit was one Gopal Singh, who mortgaged the same to Mst. Mejo, respondent, for Rs. 260. The deed of mortgage was executed at Kasur (now in Pakistan) on 25.06.1942, the period of mortgage being 20 years. Subsequently, Gopal Singh executed another mortgage deed in favour of Chanan Singh, plaintiff-appellant, on the 13.10.1959, whereby he vested him with the right to get the land in dispute redeemed from the first mortgagee, Shrimati Mejo. Apparently during the subsisting period of the original mortgage, i.e. on the 13.06.1962, Chanan Singh plaintiff-appellant filed an application for redemption of the land in dispute in the Court of the Sub-Divisional Officer (Civil), Patti, u/s. 4 of the Redemption of Mortgages Act, 1913. This application was resisted on behalf of Smt. Mejo, on the sp
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