Full Judgment Text
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PETITIONER:
STATE OF PUNJAB & ORS.
Vs.
RESPONDENT:
RAM RAKHA & ORS.
DATE OF JUDGMENT: 06/02/1997
BENCH:
K. RAMASWAMY, S. SAGHIR AHMAD
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Application for substitution and appointment of legal
guardian is ordered.
This appeal by special leave arises from the judgment
of the High Court of Punjab and Haryana at Chandigarh, made
on May 7, 1980 in RSA No.602/80 confirming the judgment of
the District Court dated November 7, 1979.
The admitted position is that one Gobind Mal, father of
the respondents, had possessory mortgage from the holders of
the suit land in the year 1887-88. When the land was
declared as an evacuee property under the Evacuee Interest
(Separation) Act, 1951, the Union of India claimed the land
belonged to them. The respondents filed a civil suit for a
declaration that after the expiry of the period of 60 years
from the date of the mortgage, they have become absolute
owners as the mortgage became irredeemable and as a
consequence they are the owner of the property. Though the
trial Court has dismissed the suit, on appeal, it was
reversed and decree was granted. The High Court in the
second appeal confirmed it by dismissing in limine. Thus,
this appeal by special leave.
From the evidence on record, it is seen that mutation
entries have been effected to show that the respondents were
in possession of the property as mortgagees through the
tenants. That evidence was corroborated by DW-2, Kanugo and
the mutation order DW-2/1. The District Court also relied
upon Jamabandi for the year 1887-88. Under those
circumstances, the mutation in regard to year 1896-97 is
only referable to the earlier mortgage of 1886-87. As a
consequence, by the time the Act has come into force, the
land became irredeemable by the original mortgagor.
Resultantly, they had lost title to the typothica, The title
to the land was rightly declared to belong to the
respondents and it cannot be declared to be a evacuee
property nor the Government can claim interest in the land
as evacuee property. The decree granted by the District
Judge, therefore, is according to law and needs no
interference.
The appeal is accordingly dismissed. No cost.
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