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1995 Supreme(SC) 1325

B.L.HANSARIA, K.RAMASWAMY
Vishwanatha – Appellant
Versus
Chandra Bhan – Respondent


ORDER

The only question in this appeal is whether the High Court in its order dated 12.1.1976 made in Civil Misc. Writ No. 7483/71 is correct in law. The admitted position is that one Hanuman Singh, the brother in law of Gulab Singh (sister s husband), as a guardian had executed a mortgage of the lands in plot Nos. 120, 122, 145/1 and 145/2 situated in village Kanjauli Uparhar and village Janjauli Kachhar, Tappa Chaurasi, P.O. Khairagarh, District Allahabad in favour of the respondent. After the UP Zamindari Abolition and Land Reforms Act, 1950 (for short, the Act ) was brought into force with effect from 26.1.1951. The appellant laid the suit under Section 209 of the Act for ejectment of the respondent. All the courts including the Board of Revenue concurrently held, which was also upheld by the High Court, that Hanuman Singh is neither a natural guardian nor a property guardian appointed to manage the estate of the minor Gulab Singh. Therefore, the mortgage is a void mortgage.

2. The respondent contended that he had perfected his title by adverse possession. That contention was rejected. He also contended that he became an asami under the Act and thereby he is not liable to be e

















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