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1999 Supreme(P&H) 118

R.L.ANAND
Ramesh Chand – Appellant
Versus
Brij Mohan Aggarwal – Respondent


Advocates Appeared:
For the Appellant :Mr. Arun Jain, Advocate.
For the Respondent:Respondent in person.

JUDGMENT

R.L. Anand, J. - The challenge in this Regular Second Appeal is to the judgment and decree dated 9.6.1999 passed by Additional District Judge, Hisar, who affirmed the judgment and decree of the trial Court which decreed the suit of the plaintiff-respondent for possession by way of redemption by holding that the suit is within limitation. Resultantly, the appeal of the defendant was dismissed by holding that the plaintiff-mortgagor is entitled to redeem the property on payment of mortgage money together with other amounts as calculated by the learned Civil Judge.

2. The sole point which requires determination is whether the suit was within limitation or not. Admittedly, the mortgage in dispute was executed on 8.12.1954 and the same was registered on 21.12.1954. The suit was instituted on 11.12.1984. The first appellate Court for the reasons given in paras 20 to 24 of its judgment dismissed the appeal by holding that the suit of the plaintiff was within limitation, and the said reasons are reproduced as under :-

"20. A bare reading of the provisions contained under Section 30 shows that in a suit for which the period of limitation is shorter than the period of limitation pres













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