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1959 Supreme(P&H) 121

D.K.MAHAJAN
Ramla Baldev – Appellant
Versus
Kiran Singh Mangat – Respondent


Judgment

1. The land in dispute measuring 14 Bighas and 6 biswas was in possession of Ramla and Ram Sarup, real brothers, as occupancy tenants under S. 8 of the Punjab Tenancy Act (No 16 of 1887). In the year 1929, part of this land was mortgaged by both the brothers to one Tota and others, the landlords. In the year 1940, the balance of the land was also mortgaged by them to Karam Singh and others, the landlords, with the result that the entire land stood mortgaged with the landlords. On the basis of a statement made by Ram Sarup, he relinquished his rights of occupancy in favour of the landlords and thereon a mutation was followed which was sanctioned on the 31st of January 1944 (Exhibit D-5). Ramla applied to the Collector under the Punjab Redemption of Mortgage Act (No. II of 1913) for the redemption of the entire land. The Collector ordered redemption of the land to the extent of his share. He disallowed the redemption qua the share of the land held by Ram Sarup. Dissatisfied with this order of the Collector, Ramla filed the present two suits for possession by redemption of the entire land on the allegation that Ram Sarup was issueless and had not been heard of for seven years




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