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1969 Supreme(SC) 545

J.C.SHAH, V.RAMASWAMI, A.N.GROVER
Sanwal (Deceased) – Appellant
Versus
Chabila – Respondent


Advocates Appeared:
For the Appellants :Frank Anthony and E.C. Aggarwal, Advocates.
For the Respondents:Gokal Chand Mittal, K.L. Mehta and S.K. Mehta, Advocates.

JUDGMENT :

J.C. Shah, J.

In July 1943 Sahi Ram, father of the respondents in this appeal, mortgaged with possession an area of agricultural land in village Dhobi, District Hissar, to secure repayment of Rs. 6,000/-. Lachman Singh the mortgagee inducted the appellants on the lands as his tenants-at-will. After the death of Sahi Ram the respondents redeemed the mortgage on September 1, 1958, and filed a suit in the Court of the Subordinate Judge, 4th Class, Hissar, for possession of the land against the appellants. The suit was decreed, and the decree was confirmed by the Additional District Judge, Hissar. The appellants then applied to purchase the land in exercise of the right under Section 18 of the Punjab Security of Land Tenures Act (10 of 1953). The Assistant Collector rejected the application. In appeal, the Collector of Hissar reversed that order. The order was confirmed by the Commissioner, Ambala Division.

2. In a petition under Article 226 of the Constitution moved by the respondents, the High Court of Punjab quashed the orders of the Collector and the Commissioner. In the view of the High Court the judgment of the Civil Court was binding between the parties and the appellant

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