Mst. Jangir Kaur vs Ajaib Singh and others

Gokal Chand Mital, J.—The following pedigree table would be useful in appreciating the facts of the case.

Sons of Thakur Singh had equal share in 60 Big has 18 Biswas of land comprised in Khasra numbers 3568, 3575 and 3576. Jang Singh mortgaged his 1/3rd share by the following three mortgage deeds in favour of Ajaib Singh and one more person.

(1) 1 3.1986 for Rs. 10,00 /-.

(2) 7.12.1968 for Rs. 11,000/-.

(3) 26.9.1974 for Rs. 8,000/-.

The total mortgage amount came to Rs. 29,000/-. The three brothers by a written family arrangement divided the property and 20 Bighas 5 Biswas out of Khasra No 3576, the total areas of which was 35 Bighas 2 Biswas, fell to the share of Jang Singh.

Later on, there was litigation between Harnek Singh and his father Jang Singh and in appeal, by compromise decree dated 4.1.1977 the title in 20 Bighas 5 Biswas was divided half and half between Harnek Singh and Jang Singh. Later on out of the aforesaid land, 3 Bighas 13 Biswas were acquired by the Central Government and compensation of Rs. 17,185/- was paid to the mortgagees towards the mortgage money.

On 7.8.1978, Jang Singh suffered a consent decree in favour of his wife Smt. Jangir Kaur in respect of the land owned by him.

On 30.7.1980, Harnek Singh sold his half share obtained under the compromise decree to the mortgagees for Rs. 34,687/-

On 6.5.1982, Jang Singh paid the balance mortgage amount to the mortgagoes(sic) and got the mortgage redeemed.

On 14.5.1982, Smt. Jangir Kaur obtained a consent decree against Jang Singh for declaration that she is the owner of half share in 37 Bighas 9 Biswas of land comprised in Khasra Nos 3576, 3778 and 3488.

On 20.9.1982, Ajaib Singh and his co-mortgagee filed a civil suit to challenge the collusive decree dated 14 5 l982 and claimed to be the owners of half share of land measuring 16 Bighas 13 Biswas on the basis of registered sale deed dated 30-7-1980 executed by Harnek Singh. While this suit was pending, Smt. Jangir Kaur filed a suit on 15.2.1983 against the mortgagees and challenged the sale deed dated 30 7.1980 on the ground that no title passed to Harnek Singh and in turn challenged the compromise decree dated 4.1.1977 obtained by Harnek Singh against his father Jang Singh. Both the suits were consolidated and tried together. Both the Courts below decreed the suit of the mortgagees and dismissed that of Smt. Jangir Kaur. R.S.A. Nos. 66 and 67 off 1987(sic) have been filed against the judgments and decrees of the two suits. Since common questions arise, they are being disposed of by this common order.

After going through the very well written judgment of the lower Appellate Court and the facts enumerated above, and keeping in view the dictum laid down by us id R.S.A. No. 2061 of 1987, Gurdev Knur v. Mehar Singh, decided today, we are of the opinion that both the appeals are without force. The compromise decree dated 4.1.1977 in favour of Harnam Singh conveyed title to him in regard to half of the estate of his father, Jang Singh The same did not require registration nor the foundation has been laid for going behind the decree. Consequently, Harnek Singh had the title which he conveyed to the mortgagees by sale deed dated 30.7.1980.

The consent decree dated 14.5.1982 could convey title in favour of Smt. Jangir Kaur only in regard to the remaining share of Jang Singh in which the mortgagees claim no share as their mortgage stood extinguished on payment on 6.5.1982. However, they remained owners of the other half share which they obtained from Harnek Singh under sale deed dated 30.7.1980.

For the reasons recorded above, both the appeals (R.S.A. Nos. 66 & 67 of 1987) are dismissed with costs.

Sd/- A.L. Bahri, J.