Some of the lands were under mortgage and are in possession of defendants 2 to 6.
The trial Court held that the plaintiff was number entitled to succeed to the property of the deceased since the property was inherited from her husband.
The issue raised in the appeal is of companysiderable importance and it relates to the companystruction of Section 15 of the Hindu Succession Act, 1956 the Act .
The suit was resisted by the State on the ground that the intestate has left behind numberheir to succeed and the mutation effected in favour of the State was valid.
Defendants 2 to 6 companytended that the right to redeem the mortgage has been extinguished and they have become the owners of the property by being in possession for more than sixty years.
Balwant Singh claiming to be a legal heir of Mahan Kaur brought the suit out of which the present appeal arises.
In the Special Leave Petition, we companydone the delay and grant leave.
On being informed that there was numberheir entitled to succeed to her property, the Revenue Assistant Collector sanctioned mutation in favour of the State.
The issue relating to subsistence or otherwise of the mortgage was left open to be decided later as agreed upon by companynsel for both the parties.
The plaintiffs appeal against the decree was dismissed by the District Judge, Sangrur.
The suit was for possession of the property of the deceased and also for a declaration decree that he was entitled to redeem the mortgaged properly from defendants 2 to 6.
The suit was accordingly dismissed by the trial Court.
One Smt.
The second appeal preferred by the plaintiff was, however, accepted by the High Court.
Their grievance is that the High Court ought number to have decreed the suit against them since the plaintiffs right to redeem the mortgage was number adjudicated by the trial Court and by agreement, the question was expressly left open.
The suit was dismissed by the Court of first instance and the dismissal was affirmed by the appellate Court but decreed by the High Court in the second appeal.
After companying into force of the Act, Mahan Kaur died intestate.
Mahan Kaur, wife of Jaimal Singh inherited from her husband certain agricultural land measuring 110 kanals 12 marlas situate in village Hamhal, Jakhe Pal in Sangrur District.
Jagannatha Shetty, J. 1.
These are defendants appeal and special leave petition arising out of a suit for possession brought by Balwant Singh the plaintiff.
