MEGH RAJ Vs. ALLAH RAKHIA
LAWS(PVC)-1947-2-10
PRIVY COUNCIL
Decided on
February 05,1947
MEGH RAJ
Appellant
VERSUS
ALLAH RAKHIA
Respondents
Cited Judgements :-
STATE OF HIMACHAL PRADESH VS. TARSEM SINGH [LAWS(SC)-2001-9-141] [REFERRED]JANAKINATH ROY VS. STATE OF BIHAR [LAWS(PAT)-1952-12-1] [REFERRED TO]
RAJASTHAN IRON AND STEEL MERCHANTS ASSOCIATION PVT LTD VS. COMMERCIAL TAXES OFFICER SPECIAL CIRCLE-II JAIPUR [LAWS(RAJ)-1984-7-17] [REFERRED TO]
VISHWAS SURGICAL INDUSTRIES VS. ASSISTANT COMMERCIAL TAXES OFFICER ANTI EVASION SRI GANGANAGAR [LAWS(RAJ)-1994-3-35] [REFERRED TO]
MISS SITIMON SAWIAN VS. DISTRICT COUNCIL [LAWS(GAU)-1968-6-1] [REFERRED TO]
DHEMO MAIN COLLIERIES AND INDUSTRIES LTD VS. COMMISSIONER BURDWAN DIVISION [LAWS(CAL)-1972-10-8] [REFERRED TO]
INDIAN ALUMINIUM COMP. LIMITED VS. STATE OF KERALA [LAWS(KER)-1969-4-16] [REFERRED TO]
DEPUTY COMMISSIONER OF AGRICULTURAL INCOME-TAX AND SALES TAX KOZHIKODE VS. V SREEDHARA SHENOY [LAWS(KER)-1973-2-8] [REFERRED TO]
TAMIL NADU MOSAIC MANUFACTURERS ASSOCIATION VS. STATE OF TAMIL NADU [LAWS(MAD)-1995-2-27] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. TARSEM SINGH AND OTHERS [LAWS(HPH)-1994-7-34] [REFERRED TO]
ASSISTANT COLLECTOR THANA PRANT THANA VS. JAMNADAS GOKULDAS PATEL [LAWS(BOM)-1958-3-14] [REFERRED TO]
VITHALDAS JAGANNATH KHATRI VS. STATE OF MAHARASHTRA [LAWS(BOM)-1987-9-21] [REFERRED TO]
C.P. KARTHIAYANI AND OTHERS VS. BLOCK DEVELOPMENT OFFICER AND OTHERS [LAWS(KER)-1983-12-35] [REFERRED TO]
STATE OF KERALA VS. MOIDOO [LAWS(KER)-1971-11-27] [REFERRED TO]
KAMESHWAR SINGH AND OTHERS VS. THE STATE OF BIHAR AND ANOTHER [LAWS(PAT)-1951-3-24] [REFERRED TO]
RAM NARESH RAI VS. STATE OF BIHAR [LAWS(PAT)-1978-9-3] [REFERRED TO]
KOSHILA DEVI VS. PARVATI DEVI [LAWS(PAT)-1978-9-15] [REFERRED TO]
RAONAKALI ROSHANALI VS. EMPEROR [LAWS(BOM)-1948-3-23] [REFERRED TO]
GURU NARAYANPRASAD VS. PT KEDARNATH VISHWESHWARPRASADJI [LAWS(MPH)-1960-11-6] [REFERRED TO]
THAKURAIN DULAIYA VS. SHIVNATH PUNJABI [LAWS(MPH)-1968-1-6] [REFERRED TO]
STATE OF MADRAS NOW ANDHRA PRADESH VS. BATCHU SUBBA RAO AND CO OF KAKINADA [LAWS(APH)-1958-10-8] [REFERRED TO]
MANYAM MEENAKSHAMMA RAJAJMUNDRY VS. COMMISSIONER OF WEALTH TAX ANDHRA PRADESH HYDERABAD [LAWS(APH)-1965-7-18] [REFERRED TO]
UNION OF INDIA VS. MUHAMMAD MASUD MUHAMMAD MAHSIN BHAIJI [LAWS(BOM)-1996-11-13] [REFERRED TO]
CHARANJEET SINGH THRU POWER OF ATTORNEY GURDEEP SINGH BHATIA AND 2 ORS VS. CHIEF EXECUTIVE OFFICER INDORE DEVELOPMENT AUTHORITY AND 2 ORS [LAWS(MPH)-2017-3-114] [REFERRED TO]
RADHA KRISHNA VS. ANOOP CHAND [LAWS(MPH)-1973-1-1] [REFERRED TO]
DASU KHAN VS. MOHAN BHAGAT [LAWS(PAT)-1966-4-10] [REFERRED TO]
RANI SONABATI KUMARI VS. STATE OF BIHAR [LAWS(PAT)-1956-10-4] [REFERRED TO]
BAIJ NATH KEDIA VS. STATE OF BIHAR [LAWS(PAT)-1966-11-28] [REFERRED TO]
VASANTH SREEDHAR KULKARNI VS. STATE OF KARNATAKA [LAWS(SC)-2011-10-51] [REFERRED TO]
BONDU RAMASWAMY VS. BANGLORE DEVELOPMENT AUTHORITY [LAWS(SC)-2010-5-84] [REFERRED TO]
CENTUARY ECKA VS. STATE OF RAJASTHAN [LAWS(RAJ)-1987-4-47] [REFERRED TO]
KANGRA VALLEY SLATE COMPANY LTD VS. KIDAR NATH GIRHSAR LAL [LAWS(P&H)-1961-4-1] [REFERRED TO]
SHYAM SUNDAR RATHI VS. ADDL DISTRICT MAGISTRATE BANKURA [LAWS(CAL)-1974-2-21] [REFERRED TO]
SANJEEV KUMAR VS. STATE OF H.P. [LAWS(HPH)-2013-12-34] [REFERRED TO]
S RAGHBIR SINGH MILKHA SINGH JAT VS. UNION OF INDIA UOI [LAWS(P&H)-1954-7-4] [REFERRED TO]
MUNICIPAL CORPORATION BHOPAL VS. PREM NARAYAN PATIDAR [LAWS(MPH)-2016-5-100] [REFERRED TO]
RAJASTHAN ROLLER FLOUR MILLS ASSOCIATION VS. STATE OF RAJASTHAN [LAWS(RAJ)-1991-8-5] [REFERRED TO]
SMT. SANTOSH CHANDRA VS. STATE OF UTTARAKHAND [LAWS(UTN)-2017-7-24] [REFERRED TO]
NAHAR HIRASINGH VS. DUKALHIN [LAWS(MPH)-1973-11-6] [REFERRED TO]
SALES TAX COMMISSIONER VS. JAMMU IRON AND STEEL SYNDICATE [LAWS(J&K)-1979-2-2] [REFERRED TO]
CHAYAHAHI MUKHERJEE VS. ASST SECRETARY LAND AND LAND REVENUE DEFT REQUISITION BRANCH STATE OF WEST BENGAL [LAWS(CAL)-1964-3-13] [REFERRED TO]
PARAMANANDA DAS VS. SANKAR RATH [LAWS(ORI)-1950-3-12] [REFERRED TO]
STATE OF GUJARAT VS. MAHAVIR OIL MILLS [LAWS(GJH)-1973-6-10] [REFERRED TO]
RAMSARAN JHA VS. JOKHAN JHA [LAWS(PAT)-1967-5-3] [REFERRED TO]
BHAURI LAL JAIN VS. SUB DIVISIONAL OFFICER [LAWS(PAT)-1972-4-1] [REFERRED TO]
KAMLESH JIVANLAL DAVE VS. STATE OF GUJARAT [LAWS(GJH)-2024-5-13] [REFERRED TO]
THE KARNAL CO-OPERATIVE FARMERS SOCIETY LTD. VS. GRAM PANCHAYAT PEHOWA AND OTHERS [LAWS(P&H)-1976-5-9] [REFERRED TO]
THE UNION OF INDIA (UOI) AND ORS. VS. MUHAMMAD MASUD MUHAMMAD MAHSIN BHAIJI AND ORS. [LAWS(BOM)-1996-9-157] [REFERRED TO]
T.H.D.C. INDIA LTD. VS. STATE OF UTTARAKHAND [LAWS(UTN)-2023-10-60] [REFERRED TO]
MILAP CHAND VS. DWARKA DAS [LAWS(RAJ)-1954-4-5] [REFERRED TO]
DHANBAD FLOUR MILLS VS. STATE OF BIHAR [LAWS(PAT)-1989-4-17] [REFERRED TO]
JUDGEMENT
Lord Wright -
(1.)This is an appeal from a judgment of the Federal Court of India, dismissing an appeal from the Full Bench of the High Court at Lahore, whose decision had been in favour of the respondents. The appellants have thus failed before both Courts in India.
(2.)The question is whether a certain Act of the Punjab Legislature, Punjab Act 4 [IV] of 1938, entitled the Punjab Restitution of Mortgaged Lands Act, is void as being ultra vires of the Punjab Legislature. The action was commenced by the appellants as mortgagees claiming a declaration that they were mortgagees in possession of certain lands therein specified and that the defendants were not entitled to redeem without payment of the mortgage debt due under the mortgage deeds, and also an injunction to restrain the defendants as mortgagors from prosecuting their petition for redemption of the lands in the Court of the Collector under the Punjab Act 4 [IV] of 1938 (hereinafter called the impugned Act) and for restitution of the lands under the provisions of the Act.
(3.)The object of the impugned Act was the relief of mortgagors by giving them restitution of the mortgaged premises on conditions more favourable than those under the mortgage deed and by providing for a procedure before the Collector, which was more summary than that before the ordinary Courts. The relevant sections of the impugned Act are as follows : "3. (1) The expression 'land' means land which is not occupied as the site of any building in a town or village and is occupied or let for agricultural purposes or for purposes subservient to agriculture or for pasture, and includes (a) the sites of buildings and other structures on such land; (b) a share in the profits of an estate or holding; (c) any dues or any fixed percentage of the land revenue payable by an inferior landowner to a superior landowner; (d) a right to receive rent; (e) any right to water enjoyed by the owner or occupier of land as such; (f) any right of occupancy; and (g) all trees standing on such land. 4. A mortgagor to whose land the provisions of this Act apply, may at any time present a petition to the Collector praying for restitution of possession of the land mortgaged. The petition shall be duly verified in the manner prescribed for such petitions. 7. (1) If the Collector finds that the mortgage is one to which this Act applies he shall, notwithstanding anything contained in any other enactment for the time being in force in cases where he finds that the value of the benefits enjoyed by the mortgagee, while in possession, equal or exceed twice the amount of the principal sum originally advanced under the mortgage, order in writing- (a) that the mortgage be extinguished, and, (b) where the mortgagee is still in possession, that the mortgagor be put into possession of the mortgaged land as against the mortgagee and that the title deeds if any, be restored to the mortgagor. (2) If in cases to which this Act applies, the Collector finds that, the value of the benefits enjoyed by the mortgagee while in possession is less than twice the amount of the principal sum originally advanced and some payment is still due to the mortgagee according to the terms of the mortgage, the Collector shall, by order in writing, and notwithstanding anything contained in any other enactment for the time being in force direct that the land be restored to the mortgagor and he be put into possession subject, however, to the payment of compensation by the mortgagor to the mortgagee at rates not exceeding the following scales :- (i) thirty times the land revenue assessed on the land at the time when it was mortgaged if the mortgagee has been in possession for a period exceeding thirty years but not exceeding forty years; (ii) fifteen times the land revenue assessed on the land at the time when it was mortgaged if the mortgagee has been in possession for a period exceeding forty years but not exceeding fifty years; (iii) five times the land revenue assessed on the land at the time when it was mortgaged if the mortgagee has been in possession for a period exceeding fifty years. 12. No civil Court shall have jurisdiction to entertain any claim to enforce any right under a mortgage declared extinguished under this Act, or to question the validity of any proceedings under this Act."
(2.)The question is whether a certain Act of the Punjab Legislature, Punjab Act 4 [IV] of 1938, entitled the Punjab Restitution of Mortgaged Lands Act, is void as being ultra vires of the Punjab Legislature. The action was commenced by the appellants as mortgagees claiming a declaration that they were mortgagees in possession of certain lands therein specified and that the defendants were not entitled to redeem without payment of the mortgage debt due under the mortgage deeds, and also an injunction to restrain the defendants as mortgagors from prosecuting their petition for redemption of the lands in the Court of the Collector under the Punjab Act 4 [IV] of 1938 (hereinafter called the impugned Act) and for restitution of the lands under the provisions of the Act.
(3.)The object of the impugned Act was the relief of mortgagors by giving them restitution of the mortgaged premises on conditions more favourable than those under the mortgage deed and by providing for a procedure before the Collector, which was more summary than that before the ordinary Courts. The relevant sections of the impugned Act are as follows : "3. (1) The expression 'land' means land which is not occupied as the site of any building in a town or village and is occupied or let for agricultural purposes or for purposes subservient to agriculture or for pasture, and includes (a) the sites of buildings and other structures on such land; (b) a share in the profits of an estate or holding; (c) any dues or any fixed percentage of the land revenue payable by an inferior landowner to a superior landowner; (d) a right to receive rent; (e) any right to water enjoyed by the owner or occupier of land as such; (f) any right of occupancy; and (g) all trees standing on such land. 4. A mortgagor to whose land the provisions of this Act apply, may at any time present a petition to the Collector praying for restitution of possession of the land mortgaged. The petition shall be duly verified in the manner prescribed for such petitions. 7. (1) If the Collector finds that the mortgage is one to which this Act applies he shall, notwithstanding anything contained in any other enactment for the time being in force in cases where he finds that the value of the benefits enjoyed by the mortgagee, while in possession, equal or exceed twice the amount of the principal sum originally advanced under the mortgage, order in writing- (a) that the mortgage be extinguished, and, (b) where the mortgagee is still in possession, that the mortgagor be put into possession of the mortgaged land as against the mortgagee and that the title deeds if any, be restored to the mortgagor. (2) If in cases to which this Act applies, the Collector finds that, the value of the benefits enjoyed by the mortgagee while in possession is less than twice the amount of the principal sum originally advanced and some payment is still due to the mortgagee according to the terms of the mortgage, the Collector shall, by order in writing, and notwithstanding anything contained in any other enactment for the time being in force direct that the land be restored to the mortgagor and he be put into possession subject, however, to the payment of compensation by the mortgagor to the mortgagee at rates not exceeding the following scales :- (i) thirty times the land revenue assessed on the land at the time when it was mortgaged if the mortgagee has been in possession for a period exceeding thirty years but not exceeding forty years; (ii) fifteen times the land revenue assessed on the land at the time when it was mortgaged if the mortgagee has been in possession for a period exceeding forty years but not exceeding fifty years; (iii) five times the land revenue assessed on the land at the time when it was mortgaged if the mortgagee has been in possession for a period exceeding fifty years. 12. No civil Court shall have jurisdiction to entertain any claim to enforce any right under a mortgage declared extinguished under this Act, or to question the validity of any proceedings under this Act."
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