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1957 Supreme(P&H) 77

TEK CHAND, G.D.KHOSLA, GURNAM SINGH
Ganda Singh – Appellant
Versus
Ram Narain Singh – Respondent


Judgment

G.D.Khosla, J.

1. This reference to the Full Bench by a Division Bench of the erstwhile Pepsu High Court has arisen in the following manner. One Mal Singh died leaving 150 bighas of agricultural land. He had inherited this land from his father Gurmukh Singh who had obtained it by means of a gift from his father-in-law, Samund Singh. Some of this area was under mortgage and a small portion was unencumbered. An area, 131 bighas 8 biswas, was mortgaged with Ram Narain Singh who is the respondent before us. Another plot of 5 bighas was mortgaged in favour of somebody else and the rest was unencumbered. Mal Singh left no male issue and the State began to take steps for the escheat of the property. Thereupon the collaterals of the donor, Samund Singh, intervened. They are the plaintiffs appellants before us. Their case was that the property after the ending of Mal Singhs line had reverted to them because they represented the line of the donor. Gujjar Singh who was a first cousin of Mal Singh and therefore his heir raised no objection to the claim made by Samund Singhs collaterals. The escheat proceedings were stopped and the question of entering a mutation of this land was taken

































































































































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