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Issues:
1. Interpretation of the provisions of the Redemption of Mortgages (Punjab) Act 2 of 1913 regarding the redemption of a mortgage. 2. Determination of the effect of an order rejecting a petition for redemption by the Assistant Collector on the limitation period for filing a suit for redemption. 3. Analysis of the jurisdiction of the Assistant Collector in dismissing a petition for redemption under Section 9 of the Act. 4. Examination of the necessity of filing a suit under Section 12 of the Act to challenge the order of the Collector. Analysis: 1. The case involved a dispute over the redemption of a mortgage under the Redemption of Mortgages (Punjab) Act 2 of 1913. The plaintiffs sought redemption of a mortgage in favor of Meda, which was initially rejected by the Assistant Collector. The Trial Court granted redemption of a second mortgage but dismissed the suit for redemption of the first mortgage. The District Court and the High Court allowed the redemption, leading to an appeal by the sons of Meda to the Supreme Court. 2. The key issue revolved around the effect of the Assistant Collector's order rejecting the petition for redemption on the limitation period for filing a suit for redemption. The Assistant Collector rejected the petition citing complicated questions of fact and law, which, according to the appellant, should have barred the subsequent suit for redemption. However, the Supreme Court held that the order did not conclusively bar the suit as it did not raise any cloud on the mortgagor's title arising from the mortgage. 3. The appellant contended that the order of the Assistant Collector became final under Section 12 of the Act, preventing the mortgagor from filing a suit for redemption after the expiry of one year from the date of the order. The Court disagreed, emphasizing that the Assistant Collector's order did not fall within the terms of Section 9 of the Act, which authorizes dismissal for specific reasons. The Court highlighted that the order did not bar the claim for relief through a civil suit and, therefore, did not require setting aside. 4. The Court referenced precedents like Tulsi Das v. Diala Ram and Dewan Chand v. Raghbir Singh to support its conclusion that the Assistant Collector's decision did not affect the parties' rights and did not necessitate a suit under Section 12. The judgments emphasized that the Collector's decision to refer the matter to a civil court did not impede a suit for redemption. Consequently, the Supreme Court dismissed the appeal, affirming the redemption of the mortgage in favor of the plaintiffs. In conclusion, the Supreme Court clarified the interpretation of the Redemption of Mortgages (Punjab) Act 2 of 1913, emphasizing that an order rejecting a petition for redemption by the Assistant Collector does not bar a subsequent suit for redemption and does not affect the mortgagor's right to seek relief through a civil court.
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