BALOO SINGH Vs. TEHSILDAR SALES FARIDABAD OFFICE

JUDGEMENT

(1.) The present Regular Second Appeal, at the instance of the appellant-plaintiff, is directed against the judgments and decrees of the courts below, whereby the suit of the plaintiff for declaration and permanent injunction as a consequential relief to be owner in possession of land measuring 8 kanals, has been dismissed by the trial Court and affirmed in appeal.

(2.) It was alleged that the plaintiff was owner in possession of agricultural land measuring 8 kanals. The aforementioned property described in Para 1 of the plaint was earlier mortgaged for a sum of Rs.425.00 with defendant No.1-Tehsildar Sales Faridabad, but the same was redeemed as per the entry in the jamabandi for the year 1979-80 (Ex.P1). Defendant No.1 illegally claimed to be mortgagee with possession and owner by way of prescription as the possession after redemption continued with theplaintiff.

(3.) The aforementioned suit was contested by the defendants by raising numerous preliminary objections in the amended written statement that the suit property was already acquired and being evacuee property, the civil court did not have jurisdiction as per the provisions of Sec. 36 and 46 of the Displaced Person (Compensation and Rehabilitation) Act, 1954 and Administration of Evacuee Property Act, 1950 respectively. There was suppression of certain facts as the plaintiff did not disclose in the order dtd. 26/12/1978 of the Assistant Custodian-cum-Tehsildar (Sales), Gurgaon, which had attained finality. On merits, it was pleaded that land measuring 1 bigha 11 biswas comprised in Khasra No.596/247/1 was mortgaged by Inyat Khan in favour of Sher Khan vide mutation No.78 dtd. 27/5/1926 for a sum of Rs.300.00, but during settlement, this khasra was changed to 338 and during consolidation as 473, which was mortgaged by some mortgagee in the year 1945. The new khasra numbers were 28/4 and 5 (8-0) in all 16 kanals. The land again was mortgaged for the second time by Inayat Khan in favour of Wazir Khan vide mutation No.22 dtd. 18/2/1945 for a sum of Rs.425.00. Both the mortgages were never redeemed and thereafter the Custodian Department became the successor-in-interest of the evacuee property by efflux of time. The second mortgage was redeemed but the first mortgage remained intact.