Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Nazool Lands (Transfer) Rules 1956: Rules 2(d) 3 and 3A |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Nazool Lands (Transfer) Rules, 1956:Rules 2(d), 3 and 3A: 'Nazool Land'-Transfer of mortgaged Nazool land-Procedure for-Where Nazool land is burdened with possessory mortgage it can be redeemed by State itself or the grantee.The (Government) Grants Act, 1895: Sections 2 and 3.Land--Government grant of-Provisions of Transfer of Property Act,1882 and Redemption of Mortgage (Punjab) Act, 1913 held inapplicable in respect of such a land.Limitation Act, 1964: Section 30 (as amended by Act 10 of 1969) Mortgaged Nazool land--Redemption of-Limitation period for.The appellant was granted certain Nazool lands on June 27, 1968 subject to his paying a sum of Rs. 1,520 for redemption of mortgage. He paid the amount on June 30, 1968 and was put in possession of the land on September 11, 1968. However, by its proceedings dated September 13, 1968 the Collector cancelled the grant on the ground that as the respondents were in possession and enjoyment of the land as possessory mortgagees for over 50 years, they cannot be dispossessed and the property cannot be redeemed by operation of the provisions of the Redemption of Mortgage (Punjab) Act, 1913.The appellant filed a suit challenging the cancellation of grant and the Trial Court decreed the suit. In the appellate Court the respondent conceded that the redemption was within limitation but contended that the procedure prescribed under the Act had not been followed and by the date of suit it was barred and that, therefore, the payment by the appellant was not in accordance with law and the mortgage was not redeemed as per the law as on the date of the suit. This finding was negatived by the Appellate Court which confirmed the decree of the Trial Court. The High Court though recorded practically all the findings in favour of the appellant, holding that grant was valid and cancellation was void, inoperative and does not bind appellant, allowed the appeal and reversed the decree for possession on the ground that mortgage was not redeemed in accordance with the provisions of the Act. The appellant preferred an appeal to this Court. |
Judge | Hon'ble Mr. Justice K. Ramaswamy |
Neutral Citation | 1995 INSC 168 |
Petitioner | Gulzara Singh |
Respondent | The Collector, Ludhiana And Ors. |
SCR | [1995] 2 S.C.R. 547 |
Judgement Date | 1995-03-07 |
Case Number | 3171 |
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