SARDARI LAL Vs. SWARAN SINGH

JUDGEMENT

(1.) This Regular Second Appeal is directed against judgment and decree dated 15.12.1997 passed by the Additional District Judge, Jalandhar (hereinafter described as 'the first appellate Court') whereby the appeal of the plaintiff-respondent (hereinafter called as 'the plaintiff') was accepted and his suit was decreed while setting aside the judgment & decree dated 27.8.1996 of the Civil Judge (Junior Division), Jalandhar (referred to hereinafter as 'the trial Court').

(2.) The plaintiff had filed a suit for possession by pleading that he purchased some property from one Hazara Singh, who had purchased it from Rehabilitation Department being the evacuee property. The sale in favour of the plaintiff took place on 17.5.1968. He was also in possession of some adjoining area and, therefore, he applied to the authorities of the concerned department under the provisions of the Punjab Package Deal Properties (Disposal) Act,1976 for its transfer. The area was demarcated and it was concluded that the land belonged to the plaintiff.

(3.) In the meanwhile, the defendant-appellant (described hereinafter as 'the defendant') also claimed his ownership over this property and made an application to the concerned authorities for transfer thereof to him. He thereafter filed Civil Suit No. 190 of 1986 for issuance of permanent injunction restraining the plaintiff from forcibly throwing him out of the property bearing No. BXXXVIII-2792. That suit was dismissed on 18.12.1987 against which an appeal was filed which was accepted on 16.12.1988 and it was held that the plaintiff was owner of the suit property and that he could dispossess the defendant in due course of law. Accordingly, the plaintiff filed the instant suit for possession.