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1976 Supreme(P&H) 58

B.S.YADAV
Sadhu Ram – Appellant
Versus
Union Of India – Respondent


Judgment

B.S.Yadav, J.

1. The facts giving rise to this second appeal are that the present appellants had filed a suit for declaration to the effect that they were full owners of the suit land measuring 4 kanals. According to the averments in the plaint, Nath Ram, father of the plaintiffs, had mortgaged with possession land measuring 5 kanals 12 marlas in lieu of which the suit land had been allotted in consolidation proceedings, in favour of one Chhaja Singh for Rs. 700/- by means of a registered mortgage-deed dated 10th June, 1919. Chhaja Singh sold his mortgagee rights to one Mohammadi for Rs. 600/- by means of a registered-deed dated 5th June, 1926 (Exhibit PW-3A). Mohammadi was succeeded by his grand sons Ata Mohammed and Fateh Mohammad as his legal heirs. The balance of the mortgage money i.e. Rs. 100/- was received by the first mortgages Chhaja Singh from Ata Mohammad and Fateh Mohammed vide receipt dated 13th June, 1943 (Exhibit P-2). Nath Ram redeemed the land on 2nd June, 1946 by paying Rs. 700/- to the second mortgagee (vide receipt Exhibit P-1) and took possession of the land. The second mortgagee left for Pakistan on the partition of the country. In consolidation procee



















































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