SEWA SINGH Vs. HAQIQAT SINGH

JUDGEMENT

(1.) The history of the litigation which resulted in the present appeal is fairly chequered. Gujjar Singh, defendant - respondent, who is father of Sewa Singh plaintiff, sold some land measuring 4 Bighas 7 Biswas situated in the area of village Khurd to Haqiqat Singh, defendant - respondent No. 2, for a sum of Rs. 2,000/ - by virtue of a sale - deed. Exhibit D.3, executed on 29th of October, 1949. Plaintiff filed the usual declaratory suit on 18th of February, 1950, challenging the sale on the ground that the property in dispute was ancestral qua him and the sale effected by his father was without consideration and legal necessity. It may be mentioned here that the suit property consisted of occupancy holding. Haqiqat Singh vendee resisted the suit and on the pleadings of the parties the following issues were framed : -

(2.) The sole question that arises for determination is as to what is the effect of the Patiala and East Punjab States Union Abolition of Biswedari Ordinance, 2006 B.K., which came into force on 13th of August, 1949, and also of the Act referred to above. In the sale - deed Exhibit D.3, executed on 29th October, 1949, the sale was stated to be of proprietary rights of Gujjar Singh and the Ordinance had come into force on 13th August, 1949. The object of the Ordinance was to abolish occupancy tenures and Section 4(c) thereof reads as under : -

(3.) For the foregoing reasons, there is no merit in the appeal which stands dismissed but in view of the question of law being involved therein I leave the parties to bear their own costs.