TEK CHAND Vs. RAM SARUP

JUDGEMENT

(1.) This is mortgagees' appeal from the judgment and decree of the Senior Subordinate Judge, Rohtak, who affirmed that of the trial Judge granting the declaratory relief to the mortgagors that the orders passed by the Collector under Section 12 of the Redemption of Mortgages (Punjab) Act, 1913 (hereinafter called the Act) are erroneous and inoperative.

(2.) In 1951, the respondents, Ram Sarup, Mam Chand, Sri Ram and Maha Singh mortgaged the land covered by Khasra Nos. 1168 and 1181 in village Reht in Sonepat Tehsil, in favour of Tek Chand, Ganeshi Pirbhu and Dharam Chand for a sum of 3810/-. It is common ground that the mortgagees Tek Chand and others were put in possession in pursuance of this mortgage transaction.

(3.) In consequence of the consolidation proceedings in 1955, Khasra Nos. 87/14 and 88/9/1 were carved out in lieu of mortgaged land and mortgagees were put in possession. Ram Sarup was given the ownership of Khasra No. 86/14 and the other three mortgagors were granted ownership rights in Khasra No. 88/9/1.