Decided on February 20,1952

JASSI Appellant
JASSA Respondents


- (1.)This is an application in revision against the decree and judgment of the Additional Commissioner, Jodhpur in a suit for redemption of mortgage.
(2.)The ancestors of the plaintiffs-applicants mortgaged their share of a well to the! non-applicants in Smt. 1955. THE non-applicants redeemed that share in Smt. 1975 by paying Rs. 161/8/- to the mortgagees. THE plaintiffs-applicants filed this suit for possession of their mortgaged share. THE trial court passed a decree in favour of the plaintiffs-appellants to the effect that their share of the well be redeemed on payment of Rs. 161/8/-as the mortgage money paid to the mortgagees and Rs. 56/8/- as share of the improvements made by the defendants non-applicants. THE lower appellate court (Collector) reversed the decree of the trial court and held that the land having remained in possession of the defendants for more than 24 years it could be redeemed without any payment and decreed the suit accordingly. In the second appeal the Additional Commissioner reversed the decree of the first appellate court and restored that of the trial court, so far as payment of the mortgage money was concerned but it did not allow costs of improvements. It is against this decree and judgment of the Additional Commissioner that this revision application has been filed.
(3.)It is urged by the counsel for the applicant that the learned Additional Commissioner erred in holding that the circular order of the former Jodhpur Government of the year 1915 and provision made in sec. 194 of the Marwar Land Revenue Act had no retrospective effect and in allowing redemption on payment of the mortgage money.

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