VIR SINGH Vs. SURTA SINGH

JUDGEMENT

(1.) In order to decide the points raised in this appeal, the facts may be shortly stated.

(2.) On 11th August, 1930, Gurdit Singh, father of Surta Singh respondent, obtained a simple money decree against Vir Singh appellant in the sum of Rs. 8,000/-. On 22nd August, 1930, execution was sued out by the decree-holder who asked for the realisation of the decretal amount by compulsory mortgage of the land belonging to the appellant. The papers were sent by the executing Court in January, 1931, to the Collector. The Collector sent the case back to the executing Court to review its order dated the 16th January, 1931, and give him (the Collector) an opportunity of proposing a temporary alienation. On 23rd March, 1931, the executing Court made an order returning the case to the Collector and requested him to carry out the order which had already been made for a compulsory mortgage for an indefinite period. On 11th June, 1931, the executing Court recorded an order in the following terms :

(3.) It is common ground that the Collector had made the necessary orders prior to this date although the mutation was sanctioned on 10th July, 1931. On 21st August, 1952, a suit was instituted by the appellant for possession on the ground that the mortgage which had been effected in 1931 could subsist for a period of 20 years only and consequently the defendants were trespassers. The defendants resisted the suit and on the pleadings of the parties the following preliminary issues were framed :-