TARA SINGH Vs. KEHAR SINGH

JUDGEMENT

(1.) This appeal by special leave by the defendants is directed against a judgment of the High Court affirming the decree for possession passed by the Trial Court and the first appellate court in favour of the respondents/plaintiffs.

(2.) An extent of 80 Bigas and l4 Biswas of land in village Sathan Kalan belonged to one Smt. Bhagwani, widow of Sunder Singh. Beside the said land she owned another item of land also which was allotted to her in substitution of her land bearing Khasra No. 1086. Smt. Bhagwani created a mortgage with possession over the first item of land in favour of Messrs Chuhar Singh, Mita Singh and Lachman Singh for a sum of Rs. 2,000/- on January 1, 1914. The said mortgagees sold their rights under the mortgage to one Waryam Singh under Sale Deed dated July 3, 1919 for a consideration of Rs. 2,230/-. The present appellants (defendants 1 to 4 in the suit) are the heirs of Waryam Singh, and they became entitled to the rights of Waryam Singh after his death. The second item of land which Sint. Bhagwani owned was likewise mortgaged with possession to one Ballaura Singh, who figured as defendant No. 5 in the suit.

(3.) Smt. Bhagwani died in the year 1960 without leaving any heirs. Consequently, her properties went by escheat to the State of Punjab and they were duly mutated in the Revenue Registers. After the lands had reverted to it, the State allotted the two items of lands to the respondents/plaintiffs under the Nazool Lands Transfer Rules, 1956 (hereinafter referred to as the Rules). The allotment was made by the Collector on behalf of the State by means of an order dated May 21, 1968.