Law: Redemption of Mortgages (Punjab) Act, (II of 1913)

Section: 12

(a) Partnership-" Firm "-Three brothers being members of a firm does not by itself Prove that all transactions entered into by them jointly were on behalf of firm. (b) Mortgage-Suit for redemption-Mortgagor failing to redeem-Second suit for redemption lies. A second suit for redemption would lie even where the mortgagor had not redeemed the property after a decree for redemp­tion had been passed in his favour. If, in a case where the mortgagor himself had not cared to redeem the' property in; spite of a decree of redemption in his favour, the right of redemption is not extinguished, how can it be taken away if a mortgagor did not redeem the property when a decree in a suit brought by the mortgagee gave him 'the option to do so. In this case the mortgagee sued the mortgagor for mortgage money and a consent decree was passed allowing the mortgagor six months to redeem the property on payment of a certain amount. The mortgagor failed to pay the amount, and his successors-in-interest applied to the Collector after 15 years of the consent decree (within however a period of 60 years from the date of mortgage) to redeem the property under Redemption of Mortgages (Punjab) Act II of 1913. Held : there was nothing to prevent the mortgagor to present an application to the revenue authorities for the redemption of the mortgage. Raghunath Singh and others v. Hansraj Kunwar and others I L R 56 All. 561. and Nakondu Nagasami Iyer v. Thirukonda Ellaragan A I R 1925 Mad. 1197 ref. Thirukona Ellarayyan v. Nakonda Nagaswami Ayyar I L R 49 Mad. 691 ref. (c) Redemption of Mortgages (Punjab) Act (II of 1913), S. 12-Suit ill Civil Court-Mesne profits not claimed in petition before Collector-Cannot be claimed ill civil suit. The language of section 12 makes it clear that the suit contemplated by it is one to set aside the order of the Collector, on the ground that it is erroneous and that it is not strictly a suit to enforce the mortgage but only a suit for righting an order incorrectly issued by the Collector. If this is the scope of the suit the fact that the mortgagors had not claimed mesne profits in their petition before the Collector would preclude them from claiming that amount…

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