TUNDAL Vs. MUNSHI
LAWS(SC)-2006-8-15
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on August 18,2006

TUNDAL Appellant
VERSUS
MUNSHI Respondents


Referred Judgements :-

SHEOLAL VS. SULTAN [REFERRED TO]
HARBANS SINGH VS. GURAN DITTA SINGH [REFERRED TO]



Cited Judgements :-

JUMMA VS. KHUBI RAM [LAWS(P&H)-2010-3-112] [REFERRED TO]


JUDGEMENT

Lokeshwar Singh Panta, J. - (1.)These appeals are directed against the common judgment and decree dated 5th January, 1995 passed by the learned single Judge of the High Court of Punjab and Haryana dismissing Regular Second Appeal Nos. 724/1985, 1740/1990, 725/1985 and 307/1991 filed by the appellants-defendants against the judgment and decree of the Additional District Judge (II), Faridabad. The Additional District Judge has dismissed the Civil Appeal No. 101 of 1983 preferred by original defendant-appellant Tundal against the judgment dated 7th June, 1983 of Sub-Judge First Class, Palwal, decreeing the Civil Suit No. 232 of 1980 instituted by the plaintiffs-respondents for possession of the land by way of redemption. We have taken up and heard these appeals together as they involve same and identical issues and they shall stand disposed of by this common judgment.
(2.)Brief facts giving rise to the filing of the appeals are that one Smt. Mohori, widow of Dan Sahai, was the owner in possession of the agricultural land comprising Khasra Nos. 871, 872, 873, 900, 901, 903 and 907 of Khatoni No. 21 and Khasra No. 576 of Khatoni No. 22, Khewat No. 7 admeasuring 14 bighas, 9 biswas situated in village Raidaska, Tehsil Palwal, District Faridabad. During consolidation proceedings, lands measuring 45 kanals 8 marlas was allotted to Smt. Mohori in lieu of old khasra numbers which was mortgaged by Smt. Mohori with possession with original appellant-defendant No. 1 Tundal (now dead), vide registered Mortgage Deed dated 18th September, 1951 registered on 25th September, 1951 for an ostensible consideration of Rs. 2,200/- which amount was reduced to Rs. 825/- in the decree of Civil Court and pursuant to the said decree mutation of the land was sanctioned on 2nd April, 1957.
(3.)Smt. Mohori died in the year 1967 and the mutation of the inheritance was sanctioned in favour of the heirs mentioned in the pedigree table given in paragraph 5 of the plaint. Hukam Singh-original plaintiff No. 6 and Dal Chand-plaintiff No. 7, respondents herein, have acquired rights in the suit land on the basis of decree of Civil Court in Suit No. 200 dated 30th March, 1974 in respect of the shares of Khillu, Rumali-widow, Ramvati-daughter and Pitamber son of Giasi. After the acquisition rights, Khillu was left with 1/6th share whereas Rumali, Pitamber, Ramvati got 1/6th share each. The mutation of their shares was entered in the Revenue Record, which was sanctioned on 12th October, 1974 by the competent authority.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.