SAJJAN SINGH Vs. GRAM PANCHAYAT

JUDGEMENT

(1.) THIS is plaintiffs' second appeal challenging the judgment and decrees of the courts below whereby their suit for declaration and injunction was dismissed.

(2.) THE brief facts necessary for the disposal of the instant appeal as emanating from the impugned judgment and decrees are that the father of the appellants namely Des Raj had taken lands measuring 15 kanals 7 marlas and 23 kanals 8 marlas as detailed in the headnote of the plaint for the purpose of cultivation in the capacity of Ghair Morusi. Land measuring 15 kanals 7 marlas was taken on rent at the rate of Rs.20/ - per year (chakota saal tamam) from the defendant/respondent Gram Panchayat about 50 years ago. The land was uneven and unfit for cultivation and an agreement was arrived at between the father of the plaintiffs and defendant Gram Panchayat to the effect that after the father of the plaintiffs shall make the disputed land cultivable, he and his successors would never be ejected from the land till they pay the requisite rent. Under the agreement, the father of the plaintiffs made the disputed land cultivable and thereafter started cultivating the same. After some time with mutual consent the rent of the disputed land was enhanced to Rs.25/ - per year (chakota saal tamam). The father of the plaintiffs during his lifetime remained in cultivating possession of the disputed land and also made regular payment of rent qua the same. The Gram Panchayat in connivance with the revenue authorities got substituted the words 'lessee' in column No.5 against the words 'Ghair Morusi' and in column No.9 relating to the rent the words 'Rs.25/ -' were deleted. The change of the entries in the revenue record qua the disputed land were wrong and not binding on the rights of the plaintiffs and were liable to be corrected. No orders by any of the revenue officers were passed regarding change in the revenue entries and no notice was ever issued to the plaintiffs or their father in this regard.

(3.) IT is further case of the appellants that after the death of their father tenancy rights have been inherited by them which have now ripened into an ownership with respect to the aforesaid land measuring 15 kanals 7 marlas as per the Punjab Occupancy Tenants(Vesting of Proprietary Right)Act, 1952. The other part of the disputed land measuring 23 kanals 8 marlas the same was given to the father of the plaintiffs in capacity as of Ghair Morusi tenant on rent. However, the Gram Panchayat in connivance with the revenue authorities got substituted the word 'lessee' against the word 'Ghair Morusi Tenant' in the revenue record and those entries were wrong and not binding on the rights of the plaintiffs. No ejectment order was ever passed against the plaintiffs or their father with respect to the disputed land. Defendant -Gram Panchayat cannot without taking prior possession from the plaintiffs lease out the aforesaid land to another person. The defendants on the basis of the wrong revenue entries were bent upon to take forcible possession of the disputed land. Hence the necessity arose to file the present suit.