AMAR NATH Vs. KABAL SINGH

JUDGEMENT

(1.) THIS RSA is directed against the judgment and decree dated 21.6.1969 passed by Additional District Judge, Jalandhar whereby he accepted the appeal of Kabal Singh defendant and dismissed the suit of the plaintiff- respondent Amar Nath for possession of 1/2 share of land measuring 1 kanal 18 marla towards west of Khewat No. 1030, Khatauni No. 1526 Khasra No. 4390/1446-2737 as entered in jamabandi for the year 1958-59 situated in the area of Nawanshahr as shown in red in the plan Ex. P1 attached to the plaint in reversal of the judgment and decree dated 28.6.1967 passed by Sub Judge First Class, Nawanshahr in his favour.

(2.) FACTS :- Amar Nath plaintiff (appellant herein) filed suit in November 1965 for possession of 1/2 share of land measuring 1 kanal 18 marla as detailed in the heading of the plaint and described in the site plan attached to the plaint. It is alleged in the site plan that Dharam Pal son of Sagli Ram was co- owner/co-sharer of land measuring 1 kanal 18 marla. Dharam Pal son of Sagli Ram was in Hissedari possession thereof. He purchased from Dharam Pal son of Sagli Ram vide registered sale deed dated 13.6.1958 1/2 share of this khasra number towards west and put the plaintiff in possession thereof. Kabal Singh defendant No. 1 took forcible possession thereof 3-4 months ago and raised one kacha kotha in some portion of the land is suit. Chiranji Lal defendant No. 2 and husband of defendant No. 3 Pt. Siri Ram purchased some area of khasra No. 4390/1446-2737 from Dharam Pal son of Sagli Ram. Defendant Smt. Karam Devi's husband died about 1-1/2 years ago and his interest devolved upon Smt. Karam Devi defendant No. 3. Amar Nath plaintiff sought possession of 1/2 share of land measuring 1 kanal 18 marla towards west as purchaser from co-owner Dharam Pal alleging that Kabal Singh defendant was trespasser. Kabal Singh defendant resisted the suit of the plaintiff urging that he was not trespasser. He had purchased about 4 marlas of site vide sale deed. He had pre-empted the sale of land measuring 7 marla effected by Dharam Pal in favour of Lachman Singh son of Bawa Singh. He was thus in possession of land measuring 11 marla out of this khasra Number as owner. He was in possession of the remaining 1 kanal 7 marla of this khasra number as tenant since 12.4.1954 at a rental of Rs. 60/- per annum under Sagli Ram and Dharam Pal and at a rental of Rs. 100/- per annum from the year 1957. Kiraya Nama is dated 12.4.1954. There are pucca kothas raised by him on the land in suit. He is carrying on the business of the sale of wood on the land in suit. He has raised shops there shops are of the value of Rs. 20,000/-. Land in suit is situated within the municipal limits of Nawanshahr and as such the matter was cognizable by Rent Controller under the East Punjab Urban Lal Restriction Act, 1949. Plaintiff was stopped by his act and conduct inasmuch as he had been seeing the house being constructed on the land in suit. He had been receiving rent in the shape of fuel wood. On the pleadings of the parties, the following issues were framed by the learned Subordinate Judge :-

(3.) NOT satisfied with the judgment and decree of Additional District Judge, Jalandhar, Amar Nath came to this court through this appeal.