- (1.) The defendants have preferred this Regular Second Appeal against the judgment and decree dated 08th December, 1986 passed by Sub Judge 1st Class, Amritsar, duly upheld by the Additional District Judge, Amritsar vide judgment and decree dated 25th May, 1987, whereby suit for redemption of mortgage filed under Section 12 of the Redemption of Mortgage [Punjab] Act, 1913 filed by the respondent-plaintiffs has been decreed. The substantial questions of law that arise for consideration are [i] whether the period spent in pursuing the application under Section 4 of the Redemption of Mortgage [Punjab] Act, 1913 is required to be excluded from the period of limitation for the purpose of institution of suit for redemption under Section 12 of the Act?; [ii] Is there any prescribed period of limitation for the redemption of a usufructuary mortgage? and if so, [iii] when does such period start running?
(2.) The facts may be briefly noticed.
(3.) Teja Singh and his six sons filed the instant suit for declaration under Section 12 of the 1913 Act, inter-alia, averring that the suit land was mortgaged with possession by Sadha Singh and Ralla Singh on 11th April, 1951 in favour of Chanan Singh, predecessor-in-interest of the appellant-defendants and the first plaintiff having purchased the same vide sale deeds dated 21st October, 1976 for a consideration, had stepped into the shoes of the original mortgagors and was entitled to seek its redemption. The plaintiff preferred an application under Section 4 of the Act for redemption of the suit land on payment of the mortgage amount of Rs. 999/- and 6 Annas but the Assistant Collector 1st Grade, Baba Bakala dismissed their application vide order dated 7th October, 1980. The plaintiffs challenged the said order and also sought redemption of the suit land through the civil suit filed under Section 12 of the Act on 6th October, 1981, which has been decreed by the Courts below, giving rise to this second appeal.;