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1991 Supreme(P&H) 220

K.P.BHANDARI
Mukand Lal And Ors. – Appellant
Versus
Ballu Singh And Ors. – Respondent


Judgment

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 pro









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