SANSAR SINGH Vs. THOOTHA

JUDGEMENT

(1.) THIS is a second appeal by Col. Sansar Singh against the judgment of the Additional District Judge Jammu. granting an application of the applicant respondent under the provisions of the Jammu and Kashmir Restitution of Mortgaged Properties Act,.

(2.) THE respondent had filed an application before the Sub -Judge, Jammu, under the Restitution of Mortgaged Properties Act for restoration of possession of 16 Kanals and 1 Marla of land comprising Khasra Nos. 2053 and 2054 situate in village Jandial, Tehsil Jammu. The case of the applicant was that the said land was originally mortgaged for a sum of Rs. 300/ - to Narsing Das and others, who remained in possession of the land. Subsequently the said mortgagees assigned their mortgagee right in favour of Col. Sansar Singh and he was, therefore, entitled to the restoration of the property as the mortgagees had by remaining in possession for a long time enjoyed benefits equal to the amount of the mortgage loan.

(3.) THE suit was contested by the non -applicant who denied that there was any assignment to him by the previous mortgagees and he alleged that he himself was a mortgagee for a sum of Rs. 300/ - and that the mortgage being oral it was not covered by the Restitution of Mortgaged Properties Act.