S RAGHBIR SINGH MILKHA SINGH JAT Vs. UNION OF INDIA UOI
LAWS(P&H)-1954-7-4
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 20,1954

S. RAGHBIR SINGH, MILKHA SINGH JAT Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.) The question which falls to be determined in the present case is whether the provisions ofSection 9(2), Evacuee Interest (Separation) Act, 1951, in so far as they extinguish the mortgagee rights of the petitioner, are ultra vires the Constitution of India.
(2.) The facts of the case are simple and not seriously in dispute. On 2-12-1913, Fazal-ud-Din and his two brothers executed a registered deed by virtue of which they mortgaged a plot of land measuring 202 kanals 19 marlas in favour of Mehar Singh, grandfather of the petitioner for a sum of Rs. 13,900/-. The mortgagee was to assume possession of the property and the profits accruing therefrom were to counter-balance the interest on the mortgagee money. The mortgaged property could be redeemed on the expiry of six years.
(3.) On 21-11-1916 the mortgagors created another mortgage on the same land for a sum of Rs. 11,860/-. On 19-12-1943 they brought a suit against the petitioner and his brothers for redemption of the mortgage and on 23-4-1945 they obtained a decree for possession on payment of a sum of Rs. 20,000/-. This decree was later confirmed by the High Court but the amount for which the land could be redeemed was increased from Rs. 20,000/- to Rs. 24,760/.;


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