JAGDEEP SINGH AND OTHERS Vs. THE COLLECTOR

JUDGEMENT

(1.) Swaran Singh, who was owner of 374 kanals 7 marlas land in Village Dharamkot is alleged to have mortgaged the said land with possession with the predecessors-in-interest of the petitioners by different mortgage deeds on different occasions. Said Swaran Singh was unmarried and issueless. Dates of these mortgage deeds are not disclosed in the writ petition. What is disclosed is that one Jeon Kaur and Inder Singh daughter and son of Sham Kaur had filed civil suit on 9.8.1969 against the predecessors-in-interest of the petitioners, claiming that they be declared as owners of the above land owned by Swaran Singh, being his only heir. These persons were the daughter and son of sister of Swaran Singh. Further prayer was that they be declared entitled to redeem the above land from the predecessors-in-interest of the petitioners.

(2.) The civil suit was dismissed but Jeon Kaur and Inder Singh were declared legal heirs of Swaran Singh. However, their right to redeem the mortgage property was declined being barred by time. Against this judgement, appeal was filed before Additional District Judge, Barnala, who also dismissed the same on 8.4.1975. Thereafter, Regular Second Appeal No.904 of 1995 was filed before this Court and this Court viewed that the suit for redemption is not barred by time and these persons can file suit for redemption. This order was challenged by the petitioners by filing Special Leave Petition before the Honourable Supreme Court. While the Special Leave Petition was pending, the respondents herein filed a suit for redemption on the basis of judgement passed by this Court before Civil Court, Barnala. This suit, however, was got stayed by the respondents themselves by moving an application for stay. The said suit is still pending.

(3.) On 30.3.1987, the Honourable Supreme Court set-aside the judgement passed by this Court and remanded the case back to the High Court. This Court again considered the said Regular Second Appeal and allowed the same on 5.5.2008. The petitioners again approached the Supreme Court by way of Special Leave Petition, and the Court has stayed dis-possession of the petitioners. Civil appeal is, thus, pending before the Honourable Supreme Court.