VISHAN DASS Vs. JAISI BAI UDE BHAN

JUDGEMENT

(1.) ON 13th July, 1946, Shrimati Jaisi Bai effected two mortgages with possession of the land that she owned in village Wanbachra, District Mianwali, now in West pakistan. The first one was with regard to agricultural land, measuring 62 Kanals 17 Marlas, and it was in favour of Vishan Dass and his brother Ram Lal for rs. 5,500/ -. The other was with respect to 55 Kanals 5 Marlas in favour of Khem chand and his brother Amir Chand for Rs. 5,000/ -. It may be stated that all the mortgagees in both the cases were brothers. The mutations regarding these mortgages were sanctioned, but the relevant entries with regard to them and not, however, been recorded in the Jamabandis, because of the partition of the country that took place in 1947. On migration to India, Jaisi Bai was allotted some land in village Dulera Kalan in District Gurgaon. She got possession of that land and a sanad was also granted to her regarding it on 4th October, 1955. In July, 1959, two suits were brought by the mortgagees--the first one (Suit No. 437 of 1959)was by Vishan Dass and Ram Lal; and the other (Suit No. 438 of 1959) by Khem chand and Amir Chand--for joint possession of 62/1609th and 55/1609th shares respectively, against Jaisi Bai. These suits were brought on the basis of the mortgages effected by her in Pakistan, as mentioned above. It was alleged that the mutations in respect of these mortgages had been effected, but the necessary relevant entries were not made in the Jamabandi papers.

(2.) THE suits were contested by the mortgagor, Jaisi Bai. She denied that she had effected any mortgages and in any case, according to her, they were without consideration. It was also alleged by her that the plaintiffs were not entitled to the land allotted to her in India in lieu of the alleged mortgages.

(3.) BOTH these suits were consolidated in the Court below and evidence was recorded in the first one, namely, suit No. 437 of 1959.