Shamsher Bahadur, J. - (1.) RESHAM Singh and his minor brothers Amrik Singh, Dalbir Singh and Daljit Singh brought a suit to enforce their right of possession of one -sixth of the land measuring 31 Kanals 14 Marias in village Bhin of Nawanshahr Tehsil, sold to them in pursuance of a sale deed of 16th of April, 1962, by the fourth defendant Gurchain Singh. This parcel of land was taken into forcible possession by the first three defendants, Paul Singh, Ajit Singh and Nirmal Singh, who contested the suit of the plaintiffs.
(2.) LAND measuring 31 Kanals 14 Marias belonged originally to Muslim owners Sardar Ali and Haidar Khan who by two separate deeds had mortgaged it with possession in favour of Gurchain Singh, defendant No. 4, half share; Babu Singh, father of defendants 2 and 3, two -fifths share and one Attra one -tenth share. After the partition the land came to be dealt with by the Competent Officer as it was composite property within the meaning of the Evacuee Interest (Separation) Act. The mortgagees made their claims before this authority and in the open auction the bidding closed in favour of Gurchain Singh and Babu Singh. In the order of the Competent Officer, Jullundur of 30th of January, 1954 (Exhibit P. 5), it was stated that Babu Singh and Gurchain Singh had preferred the claim which had been admitted by the Custodian in respect of this composite property. The mortgage deed, according to this order, shows that the shares in the mortgaged land were as follows: (1) Gurchain Singh - one -half (2) Babu Singh - two -fifths (3) Attra - one -tenth. Attra mortgagee never submitted any claim to the competent Authority. The proportionate amounts due to the claimant -mortgagees were computed by this authority in Exhibit P. 5. We are not actually concerned with the amounts determined, but it has to be borne in mind that the share of Gurchain Singh was one -half while Babu Singh's share was two -fifths. They were required to make the requisite deposits of proclamation and publicity charges. We have next the orders of the District Competent Officer, Jullundur, of 25th of February, 1957 relating to the two -mortgages (Exhibits P. 4 and P. 6). It is mentioned that the land had been sold by the auctioneers Bhardwaj and Company, and M/S Adarsh Property Dealers, Jullundur, on 28th of November, 1956 and 13th January 1967. The mortgagees themselves gave the highest bid which being in excess of the reserve price was accepted. The sale was confirmed. In one case the sale was for Rs. 1200/ - and in the other for Rs. 2025/ -. The calculations were made on the basis which had been indicated in the aforesaid orders. Towards the end, it was mentioned that Babu Singh having died, his sons Jit Singh and Nirmal Singh, defendants 2 and 3 became his representatives.
(3.) BY a sale -deed of 28th of May, 1960 (Exhibit P. 8), defendants 2 and 3, describing themselves as sons of Babu Singh, purported to sell half -share of the land measuring 31 Kanals 14 Marias to the sons of Pal Singh, the first defendant, for a sum of Rs. 3500/ -. Two years later on 16th of April, 1962, Gurchain Singh the fourth defendant, also purported to sell half -share of the same land for Rs. 4000/ - to the plaintiffs. The plaintiffs obtained possession of this half -share but later one -sixth of it was taken into forcible possession by the first defendant and this stirred them into action by bringing the present suit on 8th of October, 1963.;