DEENA DEAD Vs. BHARAT SINGH DEAD
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
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D. P. Mohapatra, J. -
(1.)This appeal filed by the defendant is directed against the judgment dated 3-2-1992 of the High Court of Punjab and Haryana in Regular Second Appeal No. 2040 of 1987 allowing the appeal filed by the plaintiffs who are respondents herein on reversing judgment of the first appellate Court confirming the decision of the trial Court.
(2.)On analysis of the case of the parties and findings recorded by the Courts below the question that arises for determination is whether on the facts found the plaintiffs are entitled to exclusion of the period from 21-3-1980 to 15-2-1982 under S. 14 of the Limitation Act, 1963 for computation of the period of limitation for filing the suit. The facts relevant for determination of the question, sans unnecessary details may be stated thus :
(3.)The appellant-Deena (deceased represented by legal heirs) had mortgaged his land measuring 9 bighas 18 biswas (after consolidation 47 kanals 13 marlas) in Khewat No. 39, Khasra No. 34 situated in the village Manakwas, Tehsil Jhajjar in the State of Haryana, for Rs. 2,500/- with possession, on 7-2-1947 with plaintiff No. 2 and father of plaintiff Nos. 15 to 19 and Khubi Ram alias Khushi Ram who is the predecessor-in-interest of plaintiffs 2 to 14. On 23-6-1978 Deena had filed an application for redemption of the land before Collector, Jhajjar which was accepted on 29-2-1980 and the land was ordered to be redeemed on payment of the mortgage money Rupees 2,500/-. The plaintiffs filed a suit in the Court of the Sub-Judge, Jhajjar titled Harkishan vs. Deena, seeking a declaration that they had become owners of the property and that the order of the Collector dated 29-2-1980 was null and void. The said suit was decreed by the trial Court and the decree was challenged in appeal by the defendant. During pendency of the appeal in the Court of the District Judge, Rohtak the plaintiffs withdrew the suit with permission to file fresh suit. Thereafter the present suit, Civil Suit No. 115/82 was filed on 24-2-1982 seeking a declaration that the plaintiffs were owners of the suit property and that the order passed by the Collector was void and inoperative and did not affect their rights. In his written statement the defendant took the plea, inter alia, that the suit was barred by limitation.
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