CHARAN KAUR Vs. HARI SINGH

JUDGEMENT

(1.) This is a defendant's appeal against an appellate decree of the Senior Subordinate Judge of Hoshiarpur dated 27-6-1952 confirming the decree of the trial Court decreeing the plaintiff's suit.

(2.) This case is a painful demonstration of pettifogging on the part of lawyers and utter incapacity on the part of Judges who have handled this case at various stages. Matters which were absolutely simple were made complicated and delays which were caused have brought the whole system into contempt.

(3.) Sunder Singh and Jowala Singh are two brothers. Mst. Charan Kaur the defendant in the present case is the wife of Jowala Singh who made a gift in favour of his wife of his half share of 64 'Kanals', 6 'marlas' of land which was owned by him and Sunder Singh jointly. Sometime earlier in 1929 Sunder Singh made a simple mortgage of his share of the property to Hari Singh the plaintiff. In 1934 Jowala, Singh successfully applied for insolvency and the land which he had gifted to his wife Mst. Charan Kaur was sold by the Official Receiver to Pir Bakhsh. According to Mr. Hoshiarpuri an application was made on 23-10-1935 by Mst. Charan Kaur objecting to the sale but these objections were dismissed on 4-111935. Neither the application nor the order are on the file. The Official Receiver has made a statement to this effect on what basis I do not know. By another document dated 24-6-1937 a compromise was arrived at between Mst. Charan Kaur and the Official Receiver whereby Mst. Charan Kaur agreed to pay Rs. 2,500/- and if she did not pay her objections would stand dismissed. As was to be expected she did not make this payment and on 24-81937 she applied for permission to sell the land but this application was dismissed and the appeal against this order was dismissed on 4-2-1938. A document Ex. p. 5 dated 20-5-1938 shows that possession had been taken by Pir Bakhsh. This is denied by Mr. Hoshiarpuri and perhaps he is right.