D.V.SEHGAL,J - (1.) Smt. Harnam Kaur, mother of the Plaintiff -Appellants, mortgaged the suit land with possession for a sum of Rs. 1000/ - vide registered mortgage deed dated 1 -2 -1943 Ex. D -1 with Gurditta, Bhan Singh and Harinder Singh predecessors -in -interest of the Defendant -Respondents. It was stipulated therein that she could redeem the mortgage in the month of Magh in any year. She executed the second mort gage deed dated 1 -12 -1943 Ex. D -3 with the same mortgagees for a sum of Rs. 900/ -. It is also not in dispute that she received a sum of Rs. 28 annas 4 and 6 paiees from the mortgagees on 1 -2 -1943. Thus the total amount due from her which in terms of the mortgage deed Ex. D -3 she was to pay before she could redeem the mortgages and secure back the possession of the suit land was Rs. 1928 -4 -6 paiyees. The Plaintiffs filed a suit on 11 -2 -1974 for redemption of the mortgages represented by the deeds Exs. D -1 and D -3 and for possession of the suit land which was decreed by the learned trial Court after recording a finding that the Plaintiffs were required to pay Rs. 1928 -4 -6 paiyees. The Defendants filed an appeal which has been allowed by the learned Additional District Judge, Hoshiarpur, vide judgment and decree dated 18 -8 -1977 holding that the suit of the Plaintiffs were barred by time. The judgment and decree of the learned trial Court was, thus, set aside and the suit of the Plaintiffs was dismissed. Leaving the parties to bear their own costs. The Plaintiffs thus filed the: present regular second appeal in this Court.
(2.) Mr. A. N. Mittal, the learned Counsel for the Appellants, by referring to the judgment of the learned Additional District Judge has contended that the learned first appellate court while determining the period of limitation for filing the suit had taken into consideration only the first mortgage deed dated 1 -2 -1943 Ex. D -1 and had thus wrongly held that since a period of 30 years from the date of execution of deed Ex. D -1 had expired on 1 -2 -1973, the suit filed on 11 -2 -1974 was barred by time. He rightly pointed out that in the subsequent mortgage deed dated 1 -12 -1943 Ex. D -3 it is specifically provided that the mortgagor could redeem the mortgage on payment of the entire amount of the two mortgages Ex. D -1 and D -3. Thus according to him, the right to redeem the mortgages on payment of the entire amount represented by the two mortgage deeds became available in the month of Magh following 1 -12 -1943. It is not in dispute that the month of Magh generally starts from 14th of January every year and ends on 11th of February. Thus, he submits that the right to redeem the mortgage first accrued to the mortgagor on 11 -2 -1944 -the last date of the month of Magh following 1 -12 -1943. Thus, the suit filed on 11 -2 -1974 being within 30 years, the time prescribed for redemption of mortgage under Article 61 of the Schedule to the Limitation Act, 1963, was within time.
(3.) Mr. Nehra, the learned Counsel for the Respondents, contended that even on accepting that the right to redeem the mortgage first accrued to the mortgagor in the month of Magh following the second mortgage deed dated 1 -12 -1943, the limitation for filing the suit for redemption expired on 14 -1 -1974 because the first day when the right to redeem the mortgage became available to the mortgagor was 14 -1 -1944. Mr. Nehra contended that as regards the first mortgage, its deed was executed on 1 -2 -1943. Therefore, the right to redeem this mortgage accrued to Smt. Harnam Kaur in the month of Magh falling in the year 1943 and as such the suit in respect of the first mortgage was decidedly beyond the expiry of the period of 30 years and was, therefore, barred by time. He next contended that even on accepting that the right to redeem the mortgage first accrued to the mortgagor in the month of Magh following the second mortgage deed dated 1 -12 -1943, the limitation for filing the suit for redemption expired on 14 -1 -1974 because the first day when the right to redeem the mortgage became available to the mortgagor was the first day of the month of Magh which corresponded to 14 -1 -1944. In support of this contention, he placed reliance on Shib Narain and Anr. v/s. Chitru : A. I. R. 1949 P&H 389.;