Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 42---Transfer of Property Act (IV of 1882), S.60---Suit for declaration and redemption of mortgage---Predecessor of the plaintiffs who was owner of suit property mortgaged said property vide registered deed to a non-Muslim---As legal heirs of deceased mortgagor failed to pay back the mortgage money, mortgagee filed suit against legal heirs of the mortgagor, which finally was decreed in favour of the mortgagee--- Mortgagee / non-Muslim having migrated to India, mortgagee rights of suit property were transferred in the name of Central Government, which rights were transferred by the Central Government in the name of evacuee, while ownership of the property in question remained in the name of predecessor of the plaintiffs---Finally defendant redeemed the property in their name---Plaintiffs being legal heirs of their predecessor mortgagor who mortgaged property in 1907 in the name of non-Muslim and after independence said mortgagee rights were transferred in the name of Central Government---Ownership rights of the plaintiffs, could in no way be transferred to any body, unless they themselves would do away with their property---Transfer of ownership rights in the names of defendants, could not be understood---Sale of mortgagee rights could be accepted, but ownership of the plaintiffs .could not be transferred in the name of the defendants, which appeared to be fraudulent---When ownership of the vendors of the defendants was not established, then how defendants would get benefit of the entries in the Revenue record in their names---In the case of an evacuee as mortgagee, the Central Government stepped into the shoes of evacuee mortgagee and only assumed mortgagee rights available to evacuee, under the law Central Government was only able to transfer what it received i.e. mortgagee rights alone---Transfer of ownership rights of mortgagor of the property, by the Central Government was nothing, but false and fraudulent transfer having no adverse effects of the same against the plaintiffs---Concurrent findings of two courts below whereby suit for declaration and redemption of mortgage was decreed in favour of the plaintiff, not…

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