KARTAR SINGH Vs. GURBACHAN SINGH

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree dated 31.1.1984 passed by the learned courts below vide which suit filed by the appellant-plaintiff for possession has been ordered to be dismissed.

(2.) The appellant sought possession of land measuring 83 kanals 1 marlas, situated in the area of village Goniana, Tehsil Muktsar on the pleadings, that the land in dispute was surplus land of defendants No.1 to 6. The Collector Ferozepore vide warrant of possession dated 26.8.1965 gave possession of the land to the plaintiff on 10.5.1972. Possession of the land was taken by the Government before handing over the possession to the plaintiff. Defendants No.1 to 6 being influential persons did not allow physical possession to be given to the plaintiff,therefore, his possession remained symbolic in the revenue papers. The case set up by the plaintiff was that defendants No.1 to 6 were still in possession of the land but had no right to continue in possession.

(3.) Suit was contested by defendants No.1 to 3 on the plea that the plaintiff had failed to give full details of the property. Defendant No.5 was stated to be dead and it was pleaded that the suit against dead person was not competent. It was also pleaded case that the plaintiff had earlier filed a suit on the basis of report No.525 dated 10.5.1972 which was dismissed on 8.2.1979, therefore, the suit was barred by principles of res judicata. Defendants claimed to have purchased the property on the basis of their previous possession as tenant and that order in this connection was passed by the learned Assistant Collector, Muktsar on 1.6.1969. The defendants also took a stand that an amount of Rs.6929.56 P was paid in 10 instalments and that they had become owners of the suit land. Mutation was also sanctioned in their favour. It was claimed that the plaintiff cannot seek possession of the land from them.