Holding

The grant of Nazool land was valid and the mortgage was duly redeemed by payment of the mortgage money, the 1913 Act does not apply, and the limitation period was satisfied.

Summary

Gulzar Singh was granted 25 kanals 4 marlas of Nazool land by the Collector, Ludhiana, on 17 June 1968 subject to paying Rs.1,520 as redemption of a possessory mortgage. He paid the amount on 30 June 1968 and took possession, but the Collector cancelled the grant on 13 September 1968, claiming that the mortgagees had enjoyed possession for over 50 years and that redemption could not be effected under the Redemption of Mortgage (Punjab) Act, 1913. The appellant sued; the trial court and the appellate court upheld the grant, while the High Court reversed, holding that the mortgage was not redeemed according to the 1913 Act. The Supreme Court allowed the appeal, holding that the Government Grants Act, 1895 excludes the operation of the Transfer of Property Act and the 1913 Act on government grants, that Rule 3A of the Nazool Lands (Transfer) Rules, 1956 permits the grantee to redeem by paying the mortgage money as price, and that the redemption was within the limitation period prescribed by the Limitation Act, 1964. Consequently, the High Court’s cancellation was unlawful and the trial court decree was confirmed.

Issues considered

Whether the Redemption of Mortgage (Punjab) Act, 1913 applies to the redemption of a possessory mortgage on Nazool land granted by the State.
Whether the grant and redemption are valid without complying with the procedure prescribed under the 1913 Act.
Whether the limitation period for redemption of the mortgage was complied with.
Whether the Collector’s cancellation of the grant was lawful.

Legislation cited

Government Grants Act, 1895s. 2, s. 3
Transfer of Property Act, 1882

Subjects

Nazool landgovernment grantredemption of mortgageLimitation ActTransfer of Property ActRedemption of Mortgage ActScheduled Castesland transfer rulespossessory mortgagecancellation of grant

Judgment

GULZARA SINGH A
v.
THE COLLECTOR, LUDHIANA AND ORS.

MARCH 7, 1995

[K. RAMASWAMY AND N. VENKATACHALA, JJ.] B

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 C
mortgage it can be redeemed by State itself or the grantee.
f \
.
The (Government) Grants Act, 1895: Sections 2 and 3.

Land--Govemment grant of-Provisions of Transfer of Property Act,
1882 and Redemption of Mortgage (Punjab) Act, 1913 held inapplicable in D
respect of such a land.
'
Limitation Act, 1964: Section 30 (as amended b~ Act JO of 1969)
Mortgaged Nazool land--Redemption of-Limitation period for.

The appellant was granted certain Nazool lands on June 27, 1968 E
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 respon-
dents were in possession and enjoyment of the land as possessory
mortgagees for over 50 years, they cannot be dispossessed and the property F
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 CWlrt the respondent
conceded that the redemption was withln limitation but contended that the G
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 H
547
~
''
548 SUPREME COURT REPORTS [1995) 2 S.C.R.

A 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.
B
Allowing the appeal and setting aside the decree and judgment of the
High Court, this Court

HELD : 1. Sections 2 and 3 of The (Government) Grants Act, 1895 '
C make it clear that not only the provisions· of the Transfer of Property Act
would not apply to Government grant or transfer of land, but also the
operation of any rule of law or statute or enactment of the State Legisla-
ture including the 1913 Act stand excluded to the grant or transfer of the
Nazool land. Therefore, the need for the appellant to follow the procedure
prescribed under the 1913 Act was obviated. [552-D, H, 553-A]
D
2. Under the Nazool Lands (Transfer) Rules, 1956, the land granted
by the Collector being admittedly below 10 acres of land, the grant of the
land to the appellant was valid. [551-A]

3. When Nazool land is burdened with possessory mortgage, the
E State has the power either itself to redeem the mortgage by paying the
amount to the mortgagee or the grantee would be entitled to redeem the
mortgage by paying the amount to the mortgagee. Rule 3A indicates that
despite vesting of the land as escheat for the lands burdened with posses-
sory mortgage, the State is burdened with the right to redeem the land by
F paying the redemption money by itself or by the grantee or transferee. The
grant or transfer for such land was for price. The mortgage money was
treated to be the price. In case of excess, the difference between the price
fixed and the mortgage money was to be paid to the State. In this case, ·~-
admittedly, the price fixed was the money payable under the mortgage
G which amount was deposited by the appellant. [553-D]
4. In view of the fact that the State itself has right to redeem the
Nazool land burdened with the possessory mortgage, the grant of the same
land subject to the redemption, the grantee gets the right of redemption
within limitation available to the State. That could be in terms of the order,
H namely, making the payment to the mortgagee or deposit with the Govern-
I
~
GULZARASINGH v. COLLECTOR[K.RAMASWAMY,J.] 549

ment. Since the order specifically postulates payment with the government A
and the same had been paid, the need to follow the procedure prescribed
under the 1913 Act has been obviated not only by operation of Section 3
of t.he (Government) Grants Act but also by the terms of the grant or
transfer of the Nazool land. (554-B-CJ

5. The Limitation Act, 1918 prescribed 60 years for the State to B
redeem the mortgage but the Limitation Act, 1963 prescribed 30 years
which had come into force with effect from January 1, 1964. Section 30 of
, the new Limitation Act provides that where limitation given in the old Act
has been reduced by the new Act, the suit would be filed within five years
from January 1, 1964. By further amendment, the period of limitation for C
redemption of the mortgage was extended upto 1971 • Since the grant of
the Nazool land was made in 1968 and amount was deposited on June 30,
1968, the appellant had lawfully redeemed the mortgage by paying the
amount as contained in the order of grant. (553-FJ

CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3171 of D
1986.

From the Judgment and Order dated 12.9.83 of the Punjab and
Haryana High Court in Regular Second Appeal No. 1506 of 1975.

S.M. Ashri for the Appellant.

O.P. Khullar for R.C. Kohli, Anant V. Palli, Ms. Rekha Pall~ Sanjay
Bansal and G .K. Bansal for the Respondents.

The Judgment of the Court was delivered by
F
K. RAMASWAMY, J. The lands bearing Khasra Nos. 75/10/2, 11, 12,
19/1, admeasuring 25 kanals 4 marla along with other Nazool lands in a
total extent of 47 kanals 3 marlas situtated in Bassi Gujjran, Tehsil Samrala,
District Ludhiana, were granted to the appellant by the Collector, Lud-
hiana, in File No. 217 on June i7, 1968, subject to the appellant paying a
sum of Rs. 1,520 for redemption of the mortgage in respect of the aforesaid G
25 kanals 4 marlas of land. Pursuant thereto, the appellant had deposited
the aforesaid money with the Collector of June 30, 1968. The appellant was
put in possession of the said land on September 11, 1968. By proceedings
dated September 13, 1968, the Collector cancelled the said grant, without
notice to the appellant, on the ground that the respondents-mortgagees, H
J
(

550 SUPREME COURT REPORTS [1995) 2 S.C.R.

A namely, Fakir Chand, Prem Prakash and Gurdas Ram, were in possession
and enjoyment for over 50 years and they cannot be dispossessed and the:
property cannot be redeemed by operation of the provisions of Redemp-
tion of Mortgage (Punjab) Act, 1913 (for short, 'the Act') and redelivered
-
possession to the respondents on September 21, 1968.

B The appellant filed Civil Suit No. 204 of 1970 challenging the order
cancelling grant and redelivering possession of the lands to the respon-
dents. After adduction of evidence, the trial court considered the evidence
adduced by the parties and by judgment and decree dated March 17, 1972,
decreed the suit and, on appeal, it was confirmed. The High Court of
.C Punjab and Haryana in Regular Second Appeal No. 1506/75, 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
D provisions of the Act. Thus this appeal by special leave.

The question is whether the High Court is right in refusing the relief
of possession to the appellant. Under Rule 2(d) of Government of Patiala
and East Punjab States union Notification dated May 28, 1956, The Nazool ,.
Lands (Transfer) Rules, 1956 (for short, 'the Rules') for grant of Nazool
E lands have been made. Rule 2(d) defines Nazool land tq mean (i) "the land
which has escheated to the State Government and has not already been
appropriated by the State Government for any purpose; (ii) such other
lands as the State Government may make available for being transferred
under these rules". Rule 3 provides the procedure for transfer of Nazool
F land. Clause (b) is relevant which reads thus: - "-,

"(b) In the village where Nazool land available is 10 acres or more,
the scheduled castes land-owning co-operative societies may be ~-
formed by the heads of scheduled cast families in accordance with
the serials and the Nazool land may be allotted. to them. If a
G co-operative society cannot be formed, then the Nazool land may
be allotted to present lessees, i.e. members of a schedule castes
individually up to the Unit of Nazool land as defined in the rules
provided they do not own any land of their own. Those w,lio own
some land, they may be allowed such area as would make up the
H Unit of Nazool land when added to their own area and the rest
GULZARASINGH v. COLLECTOR[K.RAMASWAMY,J.] 551
may be allotted to other members of the scheduled castes." A

Under these rules, the land granted by the Collector being admittedly
below 10 acres of land, the grant of the land to the appellant was valid. In
this behalf, all the courts below concurrently recorded the finding in favour
of the appellant. This was done in implementation of the constitutional B
mandate to render socio-economic justice to the Scheduled Castes. As
enjoined in the Preamble and in Article 46 of the Constitution, the Nazool
,,-
lands vested in the State were granted and transferred to the appellant.
Rule 3-A envisages the procedure regarding mortgaged Nazool land. It
says thus:-
c
"3-A. Mortgaged Nazool land - In the case of Nazool lands
mortgaged with possession the mortgagors rights be transferred to
the co-operative society of scheduled castes, where the land is 10
acres or more and to be the individual members of scheduled
castes where it is less than 10 acres, in the manner prescribed in D
rule 3(a) and (b) and the mortgagors should pay the entire
mortgage amount which would be deemed as equal to the sale
price of the land, in cases where mortgage money exceeds the price
to be charged by Government under rules. Where the mortgage
amount is less than the price to be charged according to the rules,
the difference between the two amounts should be paid to the E
Government and the mortgage money to the mortgagees."

A reading th~reof clearly indicates that in the case of a Nazool land
burdened with possessory mortgage, the land would be transferred to
Scheduled Castes Co-operative Society or a member of Scheduled Castes F
as indicated in Rule 3 and the grantee was treated as mortgagor. Thereby
the right of redemption has been conferred on the grantee. The grantee
should pay the entire mortgage amount which would be deemed as equal
to the sale price of the land. In cases where the mortgage money exceeds
the price to be ·charged by the Government under the Rules the same
should be paid. Where the mortgage amount is iess than the price to be G
charged, the difference between the mortgage money and the price charged
should be paid to the Government and the mortgage money to the
mortgagee. Thereby it would be clear that the grant is subject to the
payment of the price. The mortgage money or the difference of the price
was treated to be the price payable to the State and the mortgage money H
552 SUPREME COURT REPORTS [1995] 2 S.C.R.

A is payable to the mortgagee. In the light of the definition of the Nazool
land, since the land admittedly is escheat, the lands stood vested in the
State subject to the redemption of the mortgage. Where .Nazool land is
burdened with possessory mortgage, the State has the power either itself
to redeem the mortgage by paying the amount to the mortgagee or the
B grantee would be entitled to redeem the mortgage by paying the amount
to the mortgagee.

The question emerges whether the Act, 1913, would be applicable to
the redemption of possessory mortgage of the Nazool land? The High -{.-
Court and the courts below clearly found that in respect of the Nazool land
C "it is clear from the language of the Rule that the allottee is required to
pay the mortgage money himself to the prior mortgagee". But the High
Court found that he is required to redeem the mortgage by following the
procedure prescribed under the Act. It also found that the Collector was
not authorised to take the price and redeem the mortgage. Section 2 of
D 'The (Government) Grants Act, 1895, provides that "nothing in the Trans-
fer of Property Act, 1882, c.ontained shall apply or be deemed ever to have
applied to any grant or other transfer of land or of any interest therein
heretofore made or hereafter to be made by or on behalf of the Govern-
ment to, or in favour of, any person whomsoever; but every such grant and
transfer shall be construed and take effect as if the said Act had not been
E passed". Thereby it is clear that for any grant and transfer of the land or
of any interest therein and, in favour of, by and on behalf of the Govern-
ment to or in favour of any person whomsoever for such grant or transfer. ·
the provisions of the Transfer of Property Act shall not apply or be deemed
ever to have applied to such grant or transfer and that Act takes effect as
p if the Transfer of Property Act has not been passed. Section 3 further
adumbrates that "all provisions, restrictions, conditions and limitations ---,,..._
over, contained in any such grant or transfer as aforesaid shall be valid and
take effect according to their tenor, any rule of law, statute or enactment
of the Legislature lo the contrary notwithstanding. In other words, not-
withstanding any rule of law, statute or enactment of the Legislature
G contrary to the provisions, restrictions, conditions and limitations contained
in any such grant or transfer, shall be valid and take effect according to
the tenor. It would thereby be clear that not only that the provisions of the
Transfer of Property Act should not apply to such grant or transfer of land,
the operation of any rule of law or statute or enactment of the State
H Legislature including the Act stand excluded to the grant or transfer of the
GULZARASINGH v. COLLECTOR[K.RAMASWAMY,J.] 553

Nazool land. Section 3 clearly manifests that the operation of the Act A
stands excluded. Therefore, the need for the appellant to follow the pro-
cedure prescribed under the Act was obviated. The question then i~
whether the appellant is entitled to pay the amount as directed by the tenor
or conditions mentioned in the letter of grant or transfer of the N azool
land? It is seen that the appellant had paid the said amount on June 30, B
1968. The order of cancellation indicates that the cancellation was effected
solely on the premise that the respondents were in possession and enjoy-
ment as a possessory mortgagees for over 50 years and that, therefore, it
would be improper to dispossess them from the Nazool lands. The question
emerges whether the payment of the amount as ordered by the Collector
and thereby the lands stood redeemed under the Rules is within the C
limitation prescribed in that behalf? It is true that though the escheat land
stood vested in the State, the escheat land burdened with possessory
mortgage was differently treated by Rule 3-A. In other words, the Rule
indicates that despite vesting of the land as escheat for the lands burdened
with possessory mortgage, the State is burdened with the right to redeem D
the land by paying the redemption money by itself or by the grantee or
transferee. The grant or transfer for such land was for price. The mortgage
· money was treated to be the price. In case of excess, the difference between
the price fixed and the mortgage money was to be paid to the State. In this
case, admittedly, the price fixed was the money payable under the mortgage
which amount was deposited by the appellant. The Limitation Act, 1918, E
prescribed 60 years for the State to redeem the mortgage but The Limita-
tion Act, 1963, prescribed 30 years which had come into force with effect
from January 1, 1964. Section 30 of the Limitation act provides that where
limitation given in the old Act has been reduced by the new Act, the suit
would be filed within five years from January 1, 1964. By further amend- F
ment, by Act 10, 1969, the period of five years was extended to seven years.
The period of limitation for redemption of the mortgage was extended up
to 197 l. Since the grant of the Nazool land was made in 1968 and amount
was deposited on June 30, 1968, the appellant had lawfully redeemed the
mortgage by paying the amount as contained in the order of grant. The
counsel for the respondent candidly conceded in the appellate court that G
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
H
554 SUPREME COURT REPORTS (1995) 2 S.C.R.

A as on the date of the suit. That finding, though was negatived by the
.appellate court, it was found favour with the High Court. In view of the
fac;:t that the State itself has right to redeem the Nazool land burdened with
the possessory mortgage, the grant of the same land subject to the redemp-
tion, the grantee gets the right of redemption within limitation available to
the State. That could be in terms of the order, namely, making the payment
B to the mortgagee or deposit with the Government. Since th~ order specifi-
cally postulates payment with the government and the same had been paid,
the need to follow the procedure prescribed under the Act has been
obviated not only by operation of Section 3 of the (Government) Grants
Act but also by the terms of the grant or transfer of the Nazool land.
c The High Court, therefore, was not right in refusing the relief of
possession to the appellant. Accordingly, the judgment and decree of the
High Court is set aside and that of the trial court is confirmed as prayed
for. The appeal is accordingly allowed with costs throughout.

T.N.A. Appeal Allowed.