JAGIR SINGH Vs. GURU NANAK COLLEGE AND ORS.

JUDGEMENT

(1.) Unsuccessful plaintiff Jagir Singh filed the present appeal and has been directed against the judgment and decree dated 19.11.1999, passed by the Distt. Judge, Gurdaspur who allowed the appeal of the defendants and set aside the judgment and decree dated 15.10.1997, passed by the Civil Judge (Jr. Divn.), Gurdaspur, who decreed the suit of the plaintiff -appellant for injunction restraining the defendants from interfering in the peaceful possession of the property fully described in the head note of the plaint.

(2.) The brief facts of the case are that as per the plaintiff, he was in cultivating possession of the suit property for the last 15 years. The Managing Body of the Guru Nanak College was dissolved and the disputed property was under the Agriculture Department, Gurdaspur. It was alleged by the plaintiff that the defendants were threatening to dispossess the plaintiff illegally and forcibly except in due course of law.

(3.) The suit was contested by the defendants. It was denied that the plaintiff was in possession of the suit property for the last more than 15 years. According to the defendants, the property belonged to the Punjab Agricultural University, Ludhiana, which was in possession. This land was transferred in the name of the Punjab Agricultural University vide Notification No. 32/90/92/K.RGI(S)3880 dated 14.12.1993, issued by Punjab Govt. On the basis of that notification, mutation No. 8434 was also entered in the revenue record. It was stated that the possession was delivered to the Punjab Agricultural University, Ludhiana, vide Rapat Roznamcha No. 96. The plaintiff is not in possession of the property. With this board defence, the defendants prayed for the dismissal of the suit.