State Of Punjab & Ors vs Ram Rakha & Ors
- SCC(1997) 10 SCC 172
- Neutral1997 INSC 117
- AIRAIR 1997 SC 2151
- SCR[1997] 1 SCR 1022
Ratio decidendi
The rule this decision rests on
Where a mortgagor has not redeemed a possessory mortgage within 60 years from its date, the mortgage becomes irredeemable, the mortgagor loses all title to the property, and absolute ownership vests in the mortgagee; consequently, land in respect of which such an irredeemable mortgage existed at the time the Evacuee Interest (Separation) Act, 1951 came into force cannot be declared evacuee property or claimed by the Government as evacuee property.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
O R D E R Application for substitution and appointment of legal guardian is ordered.
This appeal by special leave arises from the judgment of the High Court of Punjab and Haryana at Chandigarh, made on May 7, 1980 in RSA No.602/80 confirming the judgment of the District Court dated November 7, 1979.
The admitted position is that one Gobind Mal, father of the respondents, had possessory mortgage from the holders of the suit land in the year 1887-88. When the land was declared as an evacuee property under the Evacuee Interest (Separation) Act, 1951, the Union of India claimed the land belonged to them. The respondents filed a civil suit for a declaration that after the expiry of the period of 60 years from the date of the mortgage, they have become absolute owners as the mortgage became irredeemable and as a consequence they are the owner of the property. Though the trial Court has dismissed the suit, on appeal, it was reversed and decree was granted. The High Court in the second appeal confirmed it by dismissing in limine. Thus, this appeal by special leave.
From the evidence on record, it is seen that mutation entries have been effected to show that the respondents were in possession of the property as mortgagees through the tenants. That evidence was corroborated by DW-2, Kanugo and the mutation order DW-2/1. The District Court also relied upon Jamabandi for the year 1887-88. Under those circumstances, the mutation in regard to year 1896-97 is only referable to the earlier mortgage of 1886-87. As a consequence, by the time the Act has come into force, the land became irredeemable by the original mortgagor. Resultantly, they had lost title to the typothica, The title to the land was rightly declared to belong to the respondents and it cannot be declared to be a evacuee property nor the Government can claim interest in the land as evacuee property. The decree granted by the District Judge, therefore, is according to law and needs no interference.
The appeal is accordingly dismissed. No cost.
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