S. PALWINDER SINGH Vs. GURU GRANTH SAHIB

JUDGEMENT

(1.) Defendant Palwinder Singh having remained unsuccessful in both the Courts below has filed the instant second appeal.

(2.) Respondent-Plaintiff Guru Granth Sahib filed suit against Defendant-Appellant for recovery of Rs. 1,00,000/- as compensation for illegal use and occupation of 33 kanals 8 marlas land for two years alleging that the Plaintiff being owner of 73 kanals 1 marla land including the suit land measuring 33 kanals 8 marlas, leased out the same (73 kanals 1 marla land) to Defendant and his brother Swinder Singh for the year 1992-93 for Rs. 17,000/-. After expiry of lease period, Plaintiff asks Defendant and his brother to hand over possession of the leased land to the Plaintiff. Defendant's brother surrendered possession of the land which was in his exclusive possession, whereas Plaintiff continued in possession with the suit land which was in his exclusive possession. The Plaintiff, therefore, claimed compensation for use and occupation of the suit land for a period of two years from the Defendant.

(3.) The Defendant admitted that he and his brother had taken 73 kanals 1 marla land on lease from the Plaintiff-owner in the year 1992 for Rs. 17,000/-. It was also admitted that Plaintiff's brother handed over possession of the land in his possession to the Plaintiff. However Defendant denied the other plaint allegations. It was alleged that lease period has not expired. The Defendant had also moved application before Sub-Divisional Officer for deposit rent of one year for the entire land measuring 73 kanals 1 marla but the Plaintiff refused to receive rent at the said rate. Various other pleas were also raised.