STATE OF PUNJAB Vs. GURCHARAN SINGH

JUDGEMENT

(1.) This is defendant's second appeal against whom suit for declaration and permanent injunction have been decreed by both the Courts below.

(2.) One Santa Singh was a big landowner and some of his estate including the suit land was declared as surplus. He however, Willed out the land in dispute to his grand-sons Gurcharan Singh and others, who are plaintiffs in the suit. Santa Singh died on 14.5.1975 by which time actual physical possession of the land in dispute was not taken by the Punjab State. However, on 28.5.1975 mutation No. 813 in respect of the suit land was sanctioned in favour of the Punjab State leading to the plaintiffs to bring the present suit, seeking a declaration that they were owners in possession of the suit property and that the Punjab State had no right, title or interest therein. The suit was contested inter alia on the ground that the suit land had been allotted to one Tara son of Seonkh and its symbolical possession also was delivered to him on 13th December, 1974, i.e. before the death of original owner Santa Singh. Jurisdiction of the Civil Court to entertain the suit, was also challenged. The trial Court after framing the issues, following the evidence, came to the conclusion that the plaintiffs are owners in possession of the suit land, the same was not vested in the Punjab State under issue No. 4 on account of its actual physical possession not having been taken from Santa Singh during his life time. In view of these findings, the plaintiff's suit was decreed. In appeal, the learned District Judge, Sangrur affirmed the said findings of the trial Court and thus maintained the decree passed in favour of the plaintiffs.

(3.) The learned counsel for the appellant submitted that the plaintiff did not get the property by inheritance, but got the same through a Will and, therefore, it was immaterial whether the possession was taken by the State Government or not before the death of big landowner in whose hands the area was declared surplus. In support he cited Mahan Singh and another v. Haryana State and others, 1978 80 PunLR 553.