AMAR SINGH Vs. DALIP SINGH

JUDGEMENT

(1.) This judgment will dispose of Regular Second Appeal Nos. 1821 of 1978 and 1822 of 1978.

(2.) The facts : Appellants Amar Singh and another claiming to be the owners of the and in dispute under the provisions of the Punjab Occupancy Tenants (Vesting of Propriatary Rights) Act filed a suit in the court of Assistant Collector I Grade, Ballabgarh on 20th July, 1975 under section 77 of the Punjab Tenancy Act seeking ejectment of the respondent inter alia on the ground that they were small landowners and the respondent had defaulted in the payment of rent of the land. The said suit was decreed on October 29, 1978. The order was not appealed against. The respondent-tenant was evicted in execution of the decree of the revenue court and the appellants were put in possession thereof.

(3.) Respondent-Dalip Singh instituted a suit seeking declaration that in fact he was in possession of the land in suit as a mortgagee and that there was no relationship of landlord and tenant between the parties, and that the judgment and decree of the revenue court was without jurisdiction and void. As he was dispossessed during the pendency of the suit, the plaintiff amended the plaint to add the relief of possession.