STATE OF PUNJAB Vs. RAM RAKHA

JUDGEMENT

(1.) Application for substitution and appointment of legal guardian is ordered.

(2.) This appeal by special leave arises from the judgment of the High Court of Punjab and Haryana at Chandigarh, made on May 7, 1980 in RSA No. 802 / 80 confirming the judgment of the District Court, dated November 7, 1979.

(3.) The admitted position is that one Gobind Mal, father of the respondents, had possessory mortgage from the holders of the suit land in the year 1887-88. When the land was declared as an evacuee property under the Evacuee Interest (Separation) Act, 1951, the Union of India claimed the land belonged to them. The respondents filed a Civil Suit for a declaration that after the expiry of the period of 60 years from the date of the mortgage, they have become absolute owners as the mortgage became irredeemable and as a consequence they are the owner of the property. Though the trial Court has dismissed the suit, on appeal, it was reversed and decree was granted. The High Court in the second appeal confirmed it by dimissing in limine. Thus, this appeal by special leave.