FAQIR CHAND Vs. GULZARA SINGH

JUDGEMENT

(1.) This second appeal has been filed by some of the defendants against the judgment and decree of the Senior Subordinate Judge, Ludhiana, dated 16th September, 1975.

(2.) Briefly, the facts are that the plaintiff was a member of the Scheduled Caste. He was allotted 47 Kanals 13 Marlas of Nazool land by the Collector Ludhiana, subject to payment of Rs. 1,520/-, vide order dated 27th June, 1968, under rule 3-A of the Nazool Lands (Transfer) Rules, 1956 (hereinafter referred to as the Rules). The land measuring 25 Kanals 4 Marlas out of the above land was under mortgage with possession with Faquir Chand and Prem Parkash, defendants Nos. 3 and 4, and Gurdas Ram, predecessor-in-interest of defendants 5 to 9, for an amount of Rs. 1520/-. The plaintiff, in consonance with the order of the Collector, deposited Rs. 1,520/- in the State Bank of India on 30th June, 1968, and, after depositing the amount, obtained possession of the land, including the mortgaged land, on 11th September, 1968.

(3.) The first contention of the learned counsel for the appellants is that the order dated 27th June, 1968, passed by the Collector, Ludhiana, qua the land mortgaged with the appellants is invalid as the land was in possession of the mortgagees. He further submits that even if it be held that the allotment of the land was valid, the Collector had no right to order dispossession of the appellants under the Rules.