GURMUKH SINGH Vs. SARWAN SINGH

JUDGEMENT

(1.) This appeal is by the defendants Gurmukh Singh and others challenging judgment and decree of Additional District Judge, Kapurthala, dated 7/09/1989, whereby appeal filed by Sarwan Singh plaintiff was accepted and judgment and decree of the trial Court was set aside where by the suit was dismissed.

(2.) Sarwan Singh filed the suit for possession by redemption of 6 Kanals 7 Marlas of land. He claimed to be co-sharer having purchased 1 Kanal 17 Marlas of land from other co-sharers Amar Chand and Faqiria sons of Ram Chand son of Ishar. Moola Singh, another son of Ishar, had mortgaged land measuring 6 Kanals 7 Marlas on 28/01/1958 in favour of Jawala and Gurmukh Singh, his brothers. Sarwan Singh filed application before the Collector for redemption of 1 Kanal 17 Marlas of land which he had purchased. The Collector allowed redemption vide his order dated 1/06/1977. A civil suit was filed challenging the aforesaid order of the Collector by some of the present defendants. The suit was dismissed. However, on appeal the suit was decreed and order of the Collector was held to be bad in law as a partial redemption could not be allowed. This led Sarwan Singh to file another application before the Collector for redemption of the entire mortgaged land measuring 6 Kanals 7. Marlas. This application was filed on 23/02/1983 and was dismissed by the Collector on 31/07/1984. Sarwan Singh thus filed the present suit challenging the order of the Collector aforesaid claiming redemption of the entire land which was mortgaged measuring 6 Kanals 7 Marlas claiming himself to be a co-sharer by purchases of 1 Kanal 17 Marlas of land, as stated above. The trial Court dismissed the suit whereas the lower appellate Court has decreed the suit.

(3.) Though on the pleadings of the parties as many as nine issues were framed, however, in appeal the points raised are being discussed.