NARAIN SINGH Vs. TEJA SINGH
HIGH COURT OF PUNJAB AND HARYANA
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(1.) THIS is a defendant's appeal against a concurring decree of the District Judge of Gurdaspur dated 1-7-1953, decreeing the plaintiffs' suit.
(2.) I may here state the facts in some detail, and they are that one Ujagar Singh was the owner of 86 kanals 12 marlas of land, which is in dispute, plus some other land. On 31-5-1945 Ujagar singh mortgaged to Lehna Singh the land in the suit and the other land for Rs. 2,000/ -. Lehna singh died and on 2-10-1949 his legal representatives transferred to Narain Singh for a sum of rs. 1,000/- the mortgagee rights in 86 kanals 12 marlas of land which is evidenced by Ex. P4. It appears that before that Ujagar Singh had redeemed the other land which had been mortgaged with Lehna Singh by payment at Rs. 1000/ -. On 12-4-1950 Ujagar Singh mortgaged 39 kanals 12 marlas of land out 86 kanals 12 marlas for Rs. 1,000/- to the plaintiffs and Charan Singh defendant No. 2. and he had previously leased 47 canals of land to them for ten years. Thus the plaintiffs etc. became mortgagees of 39 kanals and 12 marlas of land and lessees of 47 kanals.
(3.) THE plaintiff's along with Ujagar Singh and Charan Singh defendant made an application under the Punjab Redemption of Mortgages Act of 1913 for redemption of the land and it was held that they could not redeem the land because the mutation had not been attested in their favour. On 18-3-1952 a suit was then brought, by the plaintiffs for a declaration challenging the order of the Revenue Officer and both the Courts below have held in their favour.;
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