JUDGMENT

K. RAMASWAMY, J.

(1) THE lands bearing Khasra Nos. 75/10/2, 11,12,19/1, admeasuring 25 kanals 4 marlas along with other Nazool lands to a total extent of 47 kanals 3 marlas situated in Bassi Gujjran, Tehsil Samrala, District Ludhiana, were granted to the appellant by the Collector, Ludhiana, in File No. 217 on 27/6/1968, subject to the appellant paying a sum of Rs. 1,520.00 for redemption of the mortgage in respect of the aforesaid 25 kanals 4 marlas of land. Pursuant thereto, the appellant had deposited the aforesaid money with the Collector on 30/6/1968. The appellant was put in possession of the said land on 11/9/1968. By proceedings dated 13/9/1968 the Collector cancelled the said grant, without notice to the appellant, on the ground that the respondents-mortgagees, namely. Fakir Chand, Prem Prakash and Gurdas Ram, were in possession and enjoyment for over 50 years and they cannot be dispossessed and the property cannot be redeemed by operation of the provisions of Redemption of Mortgages (Punjab) Act, 1913 (for short "the Act") and redelivered possession to the respondents on 21 /9/1968.

(2) THE appellant filed Civil Suit No. 204 of 1970 ch