Decided on August 28,1950

Abdur Rehman Khan And Ors. Appellant
Raghbir Singh And Ors. Respondents


Haniam Singh, J. - (1.) CHAUDHRI Abdur Rahman, Khan Bahadur Chaudhri Niaz Ali, Rohmat Ali, Khan Bahadur Babu Sheikh Mohammad apply under Order 45, Rule 2 and 3 read with Sections 109 and 110, Code of Civil Procedure, for leave to appeal to the Supreme Court of India from the decree of the High Court in Abdur Rehman v. Baghubir Singh Regular F.A. No. 364 of 1942 passed on 31 -3 -1947 : (51 P.L.R. 119). The Defendants -applicants having migrated to Pakistan on the partition of the Punjab Province the Custodian, Evacuee Property, Punjab, has appeared in these proceedings for the Defendants -applicants.
(2.) BRIEFLY summarised the facts giving rise to this application are these. On 16 -2 -1921, Sardar Jagdev Singh mortgaged 595 kanals and 18 marlas of land situate in village Rajparura to Bawu Singh of village Mahal and Ramoo of village Chhona for a sum of Rs. 6500. On 18 -4 -1924, Sardar Jagdev Singh sold the land in suit to Chaudhri Abdur Rahman and Khan Bahadur Chaudhri Niaz Ali Defendants 1 and 2 for Rs. 26,500 on the foot of the sale -deed, Ex. D.W. 23/1. On 15 -4 -1941, Raghbir Singh on his own behalf and as next friend of Puran Singh minor instituted the suit for possession of the land sold by Sardar Jagdev Singh, father of the Plaintiffs, to Chaudhri Abdur Rahman Khan and Khan Bahadur Chaudhri Niaz Ali Defendants 1 and 2 alleging that the land in suit was ancestral in the hands of Sardar Jagdev Singh qua the Plaintiffs and the sale was without consideration and legal necessity. Plaintiffs claimed exemption from the law of limitation on the ground that Puran Singh Plaintiff was a minor when the suit was instituted and that Raghbir Singh Plaintiff who was a minor at the time of the sale had attained majority less than three years before the suit. Now, Defendants 1 and 2 sold one -ninth of the land purchased by them to Rehmat Ali Defendant 3 for Rs. 3500 and sold one -third of the land purchased by them to Khan Bahadur Babu Sheikh Mohammad Defendant 4 for Rs. 10,000. Khan Bahadur Fateh Din Defendant 10 acquired the land comprised in khasra Nos. 360 and 642/361 by means of exchange from Defendants l, 2 and 4.
(3.) DEFENDANTS 1 and 2 denied the allegations set out in the plaint and pleaded that besides the sale -price of Rs. 26,500 they had paid an additional sum of Rs. 1400 to Bawa Singh and Ramoo mortgagees under the mortgage -deed of 16 -2 -1921, for the cost of improvements made by them and that they had improved the land that was in their possession by levelling, sinking wells, putting well -gears, planting trees and constructing buildings at a cost of Rs. 20,000. Defendant 3 pleaded that he had improved the land purchased by him from Defendants l and 2 by sinking a well, laying out a garden and constructing buildings at the cost of Rs. 15,000 and that he was a bona fide transferee for value without any notice of the Plaintiffs' claim. Defendant 10 also pleaded that ho had made improvements on the land in his possession at a cost of Rs. 12,850.;

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