MAINGAL Vs. KULWANT KAUR AND HARNAM SINGH

JUDGEMENT

(1.) This is an appeal filed by Maingal Singh and others plaintiffs against the judgment dated January 20, 1965, of the Senior Sub-Judge, Ludhiana, whereby the appeal filed by Smt. Kulwant Kaur defendant-respondent was accepted and the decree passed by the trial Court was set aside and the suit of plaintiffs was dismissed with costs throughout.

(2.) The facts of this case are that Santa and Basanta were owners of the land in suit and they sold the same to Nihal Kaur wife of Maingal Singh for Rs. 2,000/- on the basis of a registered sale deed Exhibit P. 1 dated June 3, 1943. Shmt. Kulwant Kaur filed a suit for possession by pre-emption of this land in the Court of the Senior Sub-Judge, Ludhiana. This suit was compromised and in accordance with that compromise Kulwant Kaur was declared as owner of this land and Nihal Kaur vendee was declared as mortgagee of this land for Rs. 2,000/- and Kulwant Kaur was to get the land redeemed on payment of this mortgage amount. It appears that no entry regarding the ownership of this land in the revenue records was made. In the year 1960 Kulwant Kaur filed a suit in the Court of Sub-Judge III Class, Ludhiana for a permanent injunction restraining Nihal Kaur from getting the land allotted in her name during the consolidation of holdings, which were taking place in this village. However, the suit was dismissed on the ground that Civil Court had no jurisdiction to decide this point. Kulwant Kaur then approached the Consolidation Officer but there she was also unsuccessful. Thereafter, she made an application before the Revenue Officer for redemption of the land in suit on payment of Rs. 2,000/-, which was the mortgage amount. This application was accepted by the Revenue Officer by his order dated April 18, 1963, and the land was redeemed. Feeling aggrieved, Nihal Kaur, plaintiff filed suit out of which the present appeal has arisen for a declaration against Kulwant Kaur under Section 12 of the Punjab Redemption of Mortgages Act, 1913, that the order dated April 18, 1963 of the Revenue Officer was wrong, illegal and ultra vires and it may be set aside and a permanent injunction may be issued against Kulwant Kaur restraining her from taking possession of the land in suit. During the pendency of the suit Nihal Kaur died and her legal representatives were brought on the record. Kulwant Kaur took possession of the land in suit during the pendency of the suit.

(3.) This suit was contested by the defendant on various pleas. On the pleadings of the parties the following issues were framed by the trial Court :-