The appellants as the mortgagees entitled to possession of the lands were in June July 1950, under these rules put in possession of the properties allotted to both Sham Singh the original mortgagor as well as of Pratap Singh the legal representative of the deceased pre emptor respondent No.
1,650/ per annum as interest.
An appeal was preferred from this decision to the High Court of Punjab but the same was dismissed by the learned Single judge.
Section 16 made provision for the manner in which debts secured on immovable property due by displaced debtors were to be reduced, settled and ad justed.
The two applications were, in view of their having reference to the same mortgage debt, companysolidated and were heard to ether by the Senior Sub judge, Karnal who was the relevant Tribunal under the Act.
Sham Singh as well as Pratap Singh made separate applications under s. 5 of the Act seeking to obtain the benefit of the settlement and adjustment provision companytained in its s. 16.
Appeal by special leave from the judgement and order dated March 6, 1958, of the Punjab High Court in Letters Patent Appeal No.
the original mortgagor respondent No.2 Sham Singh and the pre emptor vendee were, as displaced persons, allotted agricultural land in India on the basis of their original holdings in Pakistan in pursuance of the relevant rules under the Displaced Persons Compensation and Rehabilitation Rules.
Several objections were raised by the mortgagee appellants to these applications but they were overruled and the mortgage debt was scaled down under s. 16 and other relevant statutory provisions which were applicable in the manner we shall detail later.
A further appeal under the Letters Patent to a Bench of the High Court was dismissed in limine and a certificate of fitness being refused, the appellants applied to this Court for special leave and this being granted, the appeal is number before us.
20,000/ was to carry a sum of Rs.
Out of the companysideration for this sale a sum of Rs.
26,500/ retained with the vendee under the sale by Sham Singh was number paid over to the mortgagee and thus the entire amount of the mortgage money remained outstanding.
L. Gosain, C. L. Sareen and R. L. Kohli, for the appellants.
Roop Chand and Navnit Lal, for respondent No.
The sum of Rs.
Narain Singh father of Partap Singh, the 1st respondent was the preemptor and in a suit filed by him he obtained on February 16, 1940 a decree for sale in his favour by virtue of his right of preemption and in pursuance of this decree he obtained symbolical possession of the land, the mortagees still companytaining to retain the actual possession of the land.
6 of 1958.
1 and 14.5 standard acres by virtue of the property allottable to Sham Singh the original mortgagor respondent No.
The owners of the property, viz.,
26,500/ was left with the transferee the same being directed to be paid in discharge of the mortgage.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Sale to Guranditta Ram was subject to a preemption claim and pre emptor exercised his rights to obtain that relief.
The deed further fixed a term of 10 years beyond which the mortgagee companyld sue for the recovery of the mortgage money.
March, 13.
While things were in this state, the companyntry was partitioned in 1947 and both the mortgagor as well as the mortgagees moved into India and they were displaced persons .
The stipulation in the mortgage was that the income derived from the properties transferred to the possession of the mortgagees was to be treated as interest on Rs.
2 before us effected an usufructuary mortgage of land measuring 7530 Kanals and 19 Marlas situate in village Mohanpur in the District of Multan number in Pakistan to the father of appellants 1 to 3 and to Topan Das the father of the 4th appellant.
The total extent of land which the respondent had been put in possession was 51 standard acres and 9 units of land made up of 37.4 standard acres as being the property belonging to the pre emptorvendee respondent No.
10,000/ out of the principal sum and that the balance of Rs.
30,000/ .
Naunit Lal, for respondent No.
Section 5 of the Act enabled an application to be made by a displaced debtor for the adjustment of his debts to a Tribunal which was defined as meaning a civil companyrt having authority to exercise jurisdiction under the Act for the adjustment of the debts due by the applicant.
The sum secured by the mortgage was Rs.
594 of 1960.
The Union Legislature enacted in November, 1951 the Displaced Persons Debts Adjustment Act, 1951 Act LXX of 1951 which we shall hereafter refer to as the Act, being an Act to make provisions for the adjustment and settlement of debts due by displaced persons.
By a registered deed of mortgage dated March 6, 1933 Sham Singh who is respondent No.
The judgment of the Court was delivered by AYYANGAR J. The facts necessary to appreciate the points involved in this appeal by special leave against the judgment of the High Court of Punjab are briefly these.
Subsequent to the deed of mortgage, about 4 years thereafter, the mortgagor Sham Singh sold a major portion of the mortgaged property companysisting of about 6,568 Kanals of land to Guranditta Ram and others.
