Section 60 of the Transfer of Property Act is not applicable to proceedings under the Redemption of Mortgages Act.

K.P.Bhandari, J.

1. This is defendants second appeal against the judgment and decree passed by the Additional District Judge, Ferozepore.

2. The facts of this case are not in dispute. Briefly, the defendants alongwith other co-owners mortgaged land measuring 69 Kanals 14 Marias for a sum of Rs. 1000/-. Earlier mortgage is dated 26-1 1 -1 954 for a sum of Rs. l000/-. This is recorded in the Jamabandi. Assistant Collector redeemed the land on 21-21985. The defendants had one-half share in the land. The other co-owners did not join hand with the defendants for moving application for redemption. Consequently, the defendants appellants filed an application under Section 3 of the Redemption of Mortgages Act, 1913 (Act No. 2 of 1913) (hereinafter referred to as the Act) before the Assistant Collector for redemption of land on payment of Ks 502/-being his half share of the mortgaged amount. Notice of the said application was issued to tae plaintiffs-respondents by the Assistant Collector. The plaintiffs filed reply to the application wherein they raised an objection that the applicant could not seek redemption on payment of one half share of the mortgaged amount, in view of the provisions of Section 60 of the Transfer of Property Act. when the case came up for hearing before the Assistant Collector, the learned counsel for the plaintiffs did not urge this objection The Assistant Collector vide order dated 21-2-1985 ordered redemption of one half share of land of the defendant on payment of Rs. 502/-. Aggrieved against the order of the Assistant Collector, the plaintiffs filed a suit for declaration as provided in section U of the Redemption of Mortgage Act. The sole ground taken in the suit by the plaintiffs was that the defendant was not entitled to dm redemption on payment of one-half share of the mortgaged amount in view of the provisions of Section 60 of the Transfer of Property Act This argument found favour with the trial Court and the suit was decreed by the learned Subordinate Judge vide judgment and decree dated 6-11-1987.

3. Aggrieved against the aforesaid judgment and decree of the trial Court, the defendants preferred an appeal before the District Judge which was dismissed by the Additional District Judge on 6 -12-1988. This is how, the matter has come up before this Court id Regular Second Appeal filed by the defendants-appellants.

4. In this case I issued notice of motion to the respondents and called for the record. A proper opportunity was given to the parties to inspect the record and address arguments in detail The hearing of the case continued for several days. It was clearly told lo the counsel for the parties that the Court wants to dispose of the appeal finally at the time of motion hearing itself But Shri A. N. Mittal, counsel for the respondents argued that the appeal could not be finally disposed of by the Court at the motion hearing. He relied on the provisions of Order 41 Rules 11 and 12 of the Code of Civil Procedure in support of his submission. I do not find arty restriction or limitation on the powers of the Court. Under Order 41, Rules 11 and 12 of the Code of Civil Procedure, the Court at the motion hearing can dismiss an appeal. There is no restriction on the powers of the Court that if in a given case the Court considered the hardship and after going through the record, can allow any appeal. It must be pointed out that the Redemption of Mortgages Act has been enacted by the Legislature to provide expeditious remedy to small land-owners to secure redemption of land in summary proceedings. The Legislature has not provided any appeal or revision against the order of the Assistant Collector. The order of the Assistant Collector is final subject to a right to file a suit under Section 12 of the Act. If "e see the policy of the Act, it is incumbent that such a suit when filed in the Civil Court should also be expeditiously disposed of. In the present case, the suit was filed as back as on 25-2-1985