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ALLSOP, BAJPAI, COLLISTER, DAR, IQBAL AHMAD, MOHD. ISMAIL, VERMA
Ram Raj Singh – Appellant
Versus
Rajendra Singh – Respondent
JUDGMENT
Iqbal Ahmad, C. J.
1. I agree with my brothers Allsop, Ismail and Dar that the mortgage made by Balkaran Singh in 1927 was valid and that both the appeals must fail. That there is considerable and almost alarming conflict of judicial opinion on the questions of law that arise for decision in the present appeals admits of no doubt and, accordingly, the principle of stare decisis cannot be invoked in the decision of these appeals. The relevant case law has been noticed in detail in his judgment by my brother Dar and I, therefore, refrain from entering into a discussion of those cases. It is, however, manifest that the divergence of judicial opinion in this province on the questions involved has led to considerable confusion, and it is about time that the Legislature should step in and prevent that confusion from becoming worse confounded. My reasons for arriving at the conclusion indicated above are briefly as follows :
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