SHER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Unsuccessful plaintiffs Sher Singh and others have filed the present Regular Second Appeal and it has been directed against the judgment and decree dated 4.1.1980 passed by Additional District Judge, Ferozepur, who dismissed the appeal of the appellants by affirming the judgment and decree dated 27.12.1977 passed by the Sub Judge, Ist Class, Ferozepur, who dismissed the suit of the plaintiff for permanent injunction.

(2.) The case set up by the plaintiffs, before the trial Court was that Inder Singh, their father, purchased land measuring 15 kanals 15 marlas being 1/2 share of total land measuring 30 kanals 10 marlas bearing khasra Nos. 794, 795 and 1376/786 situated at village Malwai from Smt. Ashan Bibi widow of Feroze Khan, a resident of Malwai for a sale consideration of Rs. 1400/-. Said Inder Singh also purchased another piece of land measuring 15 kanals 9 marlas bearing Khasra No. 260 situated in village Malwai from one Hassan Khan on his behalf and on behalf of one Fateh Din vide sale-deed dated 14.6.1945 registered on 23.11.1945. The case of the plaintiffs is that the above said pieces of land were purchased by Inder Singh free from all encumbrances and that Inder Singh had filed claims before the competent officer which were decided on 13.7.1953 and 30.10.1953 holding that these lands were not composite properties. It was pleaded that in spite of the orders of the competent officer the revenue records were not corrected and the old entries describing the plaintiffs as tenants or trespassers continued. It was further pleaded that the suit land measuring 25 kanals 11 marlas was allotted to the plaintiffs in lieu of the lands purchased by Inder Singh vide aforesaid sale-deeds, during the consolidation proceedings.

(3.) The notice of the suit was given to the defendant, which took the preliminary objection that the civil Court has no jurisdiction to try the suit. On merits, the stand of the defendant was that the land subject-matter of the sale-deeds was not sold free from encumbrances. It was pleaded that 22 kanals 1 marla of land stood mortgaged in favour of Smt. Umra Bibi. In respect of second piece of land it was pleaded that it was mortgaged in favour of Mohd. Khalil Khan etc. who migrated to Pakistan. It was denied that the parties of land were not composite properties.