DHAN SINGH Vs. NAGINA

JUDGEMENT

(1.) This appeal is a sequel to a suit for possession by redemption of agricultural land measuring 268 kanals 6 marlas, situated atvillage Haibatpur, Tahsil and District Kamal (Haryana) , instituted by the appellant-plaintiff in the year 1970. The suit was decreed by the trial court. The lower appellate court, however, set aside the judgment of the trial court and dismissed the suit. The High court, in second appeal, declined to interfere with the findings of the lower appellate court. This appeal by way of special leave is by Dhan Singh appellant-plaintiff.

(2.) One Surjit Singh was the owner of the land in dispute. He sold 122 bighas 15 biswas (including the land in dispute) of agricultural land, a house and a bara to Nagina and Sher Singh, respondents-defendants for a sum of Rs. 2,500. 00 on 9/07/1945. Dhan Singh, a collateral of Surjit Singh, challenged the sale by way of a reversionary-suit. In the said litigation the High court in second appeal by its judgment dated 17/07/1951 came to the conclusion that the part of the land sold by Surjit Singh was ancestral land and in respect of the said land there was no evidence to show that it was an act of good management. The High court in its judgment dated 17/07/1951 held as under:

(3.) It is obvious from the above-quoted judgment of the High court that the part of the sale was held to be not for legal necessity and, as such, to safeguard the interest of reversioners, the same was converted into mortgage and the right of the vendees to get the amount of Rs. 590. 00 back was preserved. What was done by the High court was most equitable under the circumstances.