GURCHARAN KAUR Vs. KESRI

JUDGEMENT

(1.) This is plaintiff's appeal against the judgments and decrees of the Court below by which her suit for declaration has been dismissed.

(2.) Briefly stated, Tara Singh grandfather of the defendants, mortgaged land measuring 23 Kanals 4 Marlas in favour of Sunder Singh-brother of the husband of the plaintiff for a sum of Rs. 1,000/- in the year 1924. Again, the father of the defendants Puran Singh mortgaged land measuring 10 Kanals 10 Marlas for a sum of Rs. 260/- on 11th August, 1941 in favour of Bhagat Singh husband of the plaintiff. The land mentioned in the heading of the plaint was allotted to Puran Singh in lieu of his original holdings mortgaged with predecessor-in-interest of the plaintiff. It is further the case of the plaintiff that she is in possession of suit land as mortgagee and is recorded so in the Jamabandies and Khasra Girdawaries. It is further stated that Puran Singh (deceased) made an application for redemption of this land in the Court of the Sub-Divisional Officer (Civil) exercising the powers of Collector on 5th May, 1969 and this application was dismissed by the Collector on 3rd April, 1970. Thereafter Puran Singh filed a civil suit in the Court of Subordinate Judge, Ist Class, Gurdaspur, seeking a declaration that suit land was liable to be redeemed on payment of mortgage amount which was calculated at Rs. 1260/- (in respect of both the mortgages) and that the order of Collector dated 3rd April, 1979 dismissing the redemption application was illegal and wrong. This suit was decreed on 29th November, 1971 and appeal against the same filed by the plaintiff too was dismissed by the learned Additional District Judge, Gurdaspur. Regular Second Appeal filed against the order of the learned Additional District Judge met the same fate. It was thereafter that Puran Singh filed second application for redemption before the Sub-Divisional Officer (Civil) on 17th January, 1972 which was decided in his favour on 16th December, 1972 and in pursuance of the same he was put is possession of the suit land.

(3.) Bhagat Singh-husband of the plaintiff challenged the validity and legality of the order of the Collector dated 16 the December, 1972 whereby possession of the suit land was delivered to Puran Singh by way of a suit which was decreed in his favour on 7th Much, 1974 and so the possession restored to Bhagat Singh on 30th April, 1974. It is further the case of the plaintiff that Puran Singh filed an execution application before the Sub- Divisional Officer (Civil) seeking execution of Civil Court decree dated 29th November, 1971. The plaintiff filed objections but the same were overlooked by the Collector and, thus, on Ist November, 1976 he ordered for delivery of possession of the property in dispute to the defendants. Hence the present suit.