NAND SINGH Vs. SEWA SINGH

JUDGEMENT

(1.) ONE Buta Singh was an occupancy tenant of one half of 17 bighas and 6 biswas of land situate in village Phul. The occupancy rights in the remaining half portion belonged to Mst. Karmo. On 18th Jeth 2001 Bk. Buta Singh created a mortgage with possession of his share of the occupancy rights in favour of Sewa Singh. The mortgage is said to have been created by means of pawisht a document which admittedly was not registered. A mutation, however, was effected, date of the same being 10th Jeth 2002 Bk. The entry with, regard to the mortgage was also incorporated subsequently in the jamabandi of the year 2002-2003 (Exhibit P-A. ).

(2.) BEFORE the mutation took place in favour of Sewn Singh, Buta Singh had died, and Nand Singh, Bachan Singh and Harpal Singh had succeeded to his occupancy rights and were entered as such in the revenue records. Thus Sewa Singh and joginder Singh to whom Mst. Karmo had made a gift out of her share, came to be recorded in joint possession of the land. It is alleged by Sewa Singh that about the time of numani in the year 2005 Bk. Joginder Singh and others illegally dispossessed Sewa Singh from his one half share in the land.

(3.) SEWA Singh instituted a suit for recovery of possession on the allegation that he was a mortgagee with possession and that he had been forcibly and illegally evicted. The suit was resisted mainly by Nand Singh. On 20-9-1951, the court of first instance decreed the suit. In appeal the learned District Judge of Barnala affirmed tho decree of the first court. Nand Singh being dissatisfied with the decrees of the Courts below, preferred a petition for revision under Section 115 of the Code of Civil Procedure. The petition has been preferred in view of the provisions contained in Section 49 of the Patiala and East Punjab States Union judicature Ordinance No. X of 2005 Bk.