SUCHA SINGH Vs. KRISHAN GOPAL

JUDGEMENT

(1.) Originally, one Tara Khan and his brother Muzaffar Khan were the owners of the suit land. In the plaint it is alleged that they mortgaged the property, in dispute, on 19th August, 1891, to Devi Chand for Rs. 500/-. The mortgagors Tara Khan and Muzaffar Khan died and the original mortgagee also died. In the record, Ahmad Khan and Mst. Amdan were shown as owner-mortgagors in the year 1909-10 and Raja Ram and Ram Lal as the mortgagees. Later on one-half of the mortgaged land was sold for Rs. 3000/- to one Fatta, the predecessor-in-interest of the present appellants, by the successors-in-interest of the original mortgagors on 4th November, 1914. The present suit was filed by the successor-in-interest of the mortgagees to the effect that they became owners of the suit land by efflux of time as the land, in dispute, was not got redeemed. It was also pleaded that the action of the Competent Officer under the provisions of the Evacuee Interest (Separation) Act, 1951 (hereinafter referred to as the Act), vesting the land in the Custodian has also no legal effect and is void and ineffective against the plaintiff-respondents. It was also averred in the plaint that the defendant-appellants, whose predecessors-in-interest had purchased one-half of the land from the successors-in-interest of the original mortgagors, have no legal title in the land because they also failed to get the land, in dispute, redeemed. This suit was resisted by the defendant-appellants and the Rehabilitation Authorities, respondents 16 to 18. It was averred in the written statement filed on behalf of respondent 16 (Custodian) that the Competent Officer had declared the suit land as evacuee property as it was a composite property and that the civil Court has no jurisdiction in the matter. The written statement filed on behalf of defendant-appellants also controverted the allegations made by the plaintiffs and it was further averred that one-half share of the mortgaged land was sold to Fatta, their predecessor-in-interest, vide sale deed dated 4th of November, 1914; that the land was got redeemed by them vide order dated 20th of February, 1945, of Shri Udhe Singh, Special Collector, Ludhiana; and that the plaintiffs have no cause of action against them as the property was not redeemed within the statutory period.

(2.) The parties contested on the following issues :-

(3.) The trial Court decided issue No. 1 against the defendant-appellants; issue Nos. 2, 3, and 4 in favour of the plaintiffs; issue No. 5 against defendant-respondents 16 to 18 and, consequently, decreed the plaintiffs' suit. Dissatisfied by the judgment and decree of the trial Court, the defendant-appellants and the Rehabilitation Authorities filed two separate appeals, which were dismissed by the Additional District Judge, Ludhiana. Hence, this second appeal by defendant-appellants only.