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1966 Supreme(P&H) 247

P.C.PANDIT
Jugraj Singh – Appellant
Versus
Jaswant Singh – Respondent


Judgment

P.C.Pandit, J.

1. One Bagh Singh was the owner of the land in dispute, measuring about 371 Kanals and situate in village Sangrana, district Ferozepore. In 1923, he mortgaged the same with possession for Rs. 5,500/- in favour of Ran Jang Singh. Later on, he migrated to America and died there. According to Jug Raj Singh and his brother Balbir Singh sons of Ran Jang Singh, plaintiffs, he was succeeded by his widow and two sons including Vernon Seth Chotia. On 30-5-1968, the said Chotia sold this land through his mukhtiar khas Shri Kartar Singh Chawla to Jaswamt Singh and 7 others, defendants, for Rs. 24,000, Subsequently Ran Jang Singh also died and he was succeeded by his two sons, Jugraj Singh and Balbir Singh. In June 1963, Jaswant Singh and others made an application for the redemption of this land under Section 4 of the Punjab Redemption of Mortgages Act, 1913.

On 5th of August, 1968, the Collector granted this application and ordered redemption on payment of Rs. 5,500/- to the plaintiffs. On 7th of August, 1963, the plaintiffs instituted a suit under Section 1,2 of the Punjab Redemption of Mortgages Act, 1913, for a declaration that the defendants were not competent to r





















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