PALA SINGH Vs. ATTAR SINGH

JUDGEMENT

(1.) This is a plaintiff's appeal directed against a judgment of a learned single Judge of this Court dated the 13th October 1948 dismissing the plaintiff's appeal against an appellate decree of the Senior Subordinate Judge of Amritsar.

(2.) The facts of the case are that Lehna Singh on the 12th March 1887 mortgaged to Dewa Singh and Vir Singh with possession 76 Kanals 16 Marias of land. On the 2nd December 1889 Dewa Singh and Vir Singh transferred their mortgagee rights to the present plaintiffs Hazara Singh, Teju, Pala Singh, Ganda Singh and Harnam Singh, Lehna Singh died childless and the present plaintiffs and defendants Nos. 1 to 27 succeeded to his estate. Thus the plaintiffs obtained full rights of ownership in l/48th share of the land and remained in possession as mortgagees of the rest.

(3.) In 1929 the present defendants 1, 4 to 7, the father of defendant No. 8, the father of defendant No. 9 and the father of defendant No. 17 filed a suit against the present plaintiff and others for possession by redemption ot the whole of the 76 Kanals 16 Marias of land. On the 6th of May 1930 a compromise was entered into by which the then plaintiffs, who are some of the defendants now, were granted a decree for possession of 28 Kanlas 1 Maria on payment of Rs. 82/- to Hazara Singh and a provision was made for Attar Singh plaintiff getting land from Hazara Singh etc. In 1945 Attar Singh, Harnam Singh & Indar Singh, present defendants 1 to 3, applied under the Restitution of Mortgaged Lands Act for restitution of the whole of the mortgaged land & the Collector by an order dated the 3rd March 1945 ordered the mortgage to be extinguished without payment of any compensation and restitution of the land to the applicants.