CHHAJA SINGH Vs. RAM PARTAP

JUDGEMENT

(1.) This second appeal is directed against the concurrent decisions of the Courts below decreeing the plaintiffs' suit. The plaintiffs filed the suit challenging the order of redemption passed by the Collector under Section 12 of the Redemption of Mortgages (Punjab) Act, 1913. The suit initially was for a declaration but later on it was amended and relief of possession was sought because under the orders of the Collector the defendant-appellant had entered into possession of the land.

(2.) The seeds of this litigation were sown in the year 1949. One Ishar Singh had died in the year 1980 Bk. His land escheated to the erstwhile State of Patiala in the year 1982 Bk., because he had left no known heir. The State remained in possession of this land till Chhaja Singh appeared on the scene. According to him, he was the collateral of Ishar Singh. He could not lay claim to the estate because he was residing in Malaya and had joined the Indian National Army. He after his return to India at the end of the Second World War, made an application for release of this property to the erstwhile State of Patiala. By the order of the Ajlas-e-Khas, he was recognized as the collateral of Ishar Singh and the property was released in his favour and he took possession of the same.

(3.) Two suits were thereafter filed by two sets of persons claiming to be the collaterals of Ishar Singh. These suits were mainly directed against Chhaja Singh. A claim was laid by the plaintiffs in these two suits to the property of Ishar Singh and they wanted their share in the same from Chhaja Singh. After the decision of the trial Court and the appellate Court, the matter came to this Court in second appeal. This Court gave the following findings (See Regular Second Appeals 87(P) and 94(P) of 1953, decided on 11.9.1959) :-