SHANGARA SINGH Vs. DIDAR SINGH

JUDGEMENT

(1.) The plaintiff-respondent filed the suit for declaration against the defendant Shangara Singh to the effect that he was the owner-in-possession of the suit land and order dated 30th December, 1972, passed by the Collector, ordering the redemption was illegal, ultra vires and had no effect on his rights; that Labh Singh, resident of village Chak Sikandar, alleged to be the owner of land measuring 22 kanals comparising Khasra Nos. 320, 324, 323, 634 and 635 had mortgaged the land in suit with possession in favour of Santa Singh for a consideration of Rs. 1,100/- on 13th June, 1922 vide two registered mortgage deeds; that said Santa Singh sold his rights in favour of the plaintiff Didar Singh; that said Labh Singh died issueless and the estate become escheat, and that the State Government had allotted the land in dispute in favour of the defendant on 30th December, 1972, and the defendant got the order of possession by redemption from the Collector. The said orders were impeached by the plaintiff to be illegal and ultra vires.

(2.) The defendant contested the suit and claimed that the order of redemption passed by the Collector, as a consequence of which the suit land was allotted to him was perfectly legal.

(3.) The following issues were framed by the trial Court :-