DARSHNA KUMARI Vs. SOHAN SINGH

JUDGEMENT

(1.) The Civil Appeal Nos.1077-1078/2012 preferred by the plaintiffs are directed against the judgment and decree passed by the High Court dtd. 19/12/2007 whereby the High Court dismissed the suit of the plaintiffs - appellants seeking declaration of ownership on the ground that the mortgage has not been redeemed within a period of 20 years in terms of the decree confirmed by the Lahore High Court vide judgment dtd. 26/2/1947.

(2.) The Civil Appeal Nos.1045-1046/2012 are preferred by the State claiming that the mortgagors were the Muslims who migrated to Pakistan and, therefore, by virtue of the provisions of the Administration of Evacuee Property Act, 1950 ,[For short, the '1950 Act'] the land came to be vested with the Government. Therefore, the State would be the mortgagors and is thus entitled to seek redemption in terms of the Judgment of this Court reported as 'Singh Ram (Dead) Through Legal Representatives Vs. Sheo Ram and Ors.',(2014) 9 SCC 185.

(3.) The brief facts leading to the present appeals are that one Puran Ditta and Sondhi executed three mortgage deeds mortgaging 19 kanals in favour of Shershah on 8/8/1885; 68 kanals in favour of Jai Ram on 22/8/1886 and 21 kanals 19 marlas in favour of Dhani Ram in the year 1887-1888. Kripa Ram, purchased the mortgage rights and came in possession of the mortgage property as mortgagee whereas Hakam Khan purchased the propriety rights of the lands mortgaged. Hakam Khan received an amount of Rs.1,500.00 and Rs.1,000.00 under subsequent mortgage deeds executed in favour of Kripa Ram on 21/12/1916 and 1/2/1921.