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1992 Supreme(P&H) 983

JAWAHAR LAL GUPTA
Devinder Nath Alias Devinder Singh – Appellant
Versus
Kishori Lal – Respondent


Judgment

1. Shiboo Ram had five sons viz. Kishori Lal, Gurdial Chand, Jaswant Rai, Dharam Chand and Ram Lal. Kishori Lal, Gurdial Chand and Ram Lal mortgaged their 3/5th share of land measuring 13 kanals 17 marlas with one Fattu. On the partition of the country, the custodian passed an order on Sept. 8, 1958 under S. 11 of the Act to the effect that the "land is vested in the custodian under Sec. 11 of the Act free from all encumbrances and liabilities." It appears that Ram Lal died. On his death, his heirs viz. Devinder Nath alias Divender Singh, Kewal Krishna, Dev Raj, Hukam Chand, Surinder Pal and his widow Lachmi Devi filed and application for redemption. This application was considered by the competent authority. An order was passed on 26/07/1968. It was inter alia observed that

"the representative of the custodian has admitted that the land in question was under mortgage for a sum of Rs. 1000.00 and the custodian has no objection if the same is redeemed on payment of the mortgage amount. In view of the evidence produced by the claimants and the statement made by Shri Devinder Nath and the representative of the custodian, I hold that the land was under mortgage for a sum of Rs.


























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