BALBIR SINGH Vs. SATWANT SINGH

JUDGEMENT

(1.) ASSA Singh had two wives. From one wife, he had two sons, Gurnam Singh and Jagroop Singh and from the other Balbir Singh and two other sons. On his death all the five sons succeeded with equal shares. Gurnam Singh mortgaged his share to Balbir Singh and his two brothers for Rs. 5600/ -. Later on, he sold his share to Balbir Singh and his two brothers for Rs. 10,500/ -. Jagroop Singh failed in his effort to pre -empt the sale as his suit for pre -emption was dismissed by this Court. On. 31st August, 1966, sons of Gurnam Singh filed a suit to challenge the sale under custom on the ground that it was without consideration and legal necessity, and did not affect their right to succeed. That suit was compromised on 5th October, 1967 and in terms of the compromise, decree Exhibit P.8 was passed. It was to the effect that sons of Gurnam Singh were to be the owners and mortgagors of the property and they were to be in symbolical possession of the same, and they were entitled to actual possession of the suit land on payment of Rs. 10,500/ - by Balbir Singh and his two brothers as mortgagees.

(2.) ON 17th June, 1974 sons of Gurnam Singh filed an application for redemption before the Collector, on payment of Rs. 5600/ -. When the mistake about the redemption amount was noticed, on 16th September, 1974 another application was filed before the Collector and the redemption amount was said to be Rs. 10,500/ -. The Collector ordered the redemption of the land on payment of Rs. 10,500/ - and for delivery of actual physical possession to sons of Gurnam Singh.

(3.) BALBIR Singh and his two brothers filed civil suit to challenge the order of redemption on various grounds. Both the Courts below dismissed the suit and this is plaintiffs second appeal.