STATE OF PUNJAB Vs. KUNDAN SINGH

JUDGEMENT

(1.) The present regular second appeal is directed against the concurrent finding of fact whereby suit of the respondents-plaintiffs for redemption of the mortgage deed dtd. 12/8/1942 has been decreed by the trial Court and affirmed by the lower Appellate court in appeal.

(2.) The respondents-plaintiffs sought redemption of land measuring 8 kanals bearing khasra No.86/13 min khewat No.266 within the revenue estate of village Loharka Kalan and permanent injunction by way of consequential relief. Plaintiffs alleged that Kundan Singh and Rasal Singh sons of Assa Singh being owners in possession sold 20 kanals of land out of total 30 kanals vide sale deed 9/4/1979 but later on acquired knowledge that the land was not free from encumbrance but under mortgage. Notice was issued to the mortgagee by the competent officer, Amritsar to pay the mortgage amount in respect of land measuring 5 kanals 14 marlas for a sum of Rs.99.00 and remaining land measuring 4 kanals 11 marlas was under mortgage with other persons. The competent officer on behalf of the Central Government conceded the mortgagee rights and vested the land as evacuee without deposit of mortgage amount. The said vesting was not valid in law.

(3.) Defendants opposed the suit by raising numerous preliminary objections regarding maintainability, limitation and barred by provisions of Sec. 16 of the Punjab Package Deal Properties (Disposal) Act, 1976.