SHINGARA RAM Vs. PREM CHAND

JUDGEMENT

(1.) THIS is plaintiff's regular second appeal against the judgment and decree dated 23.8.1999 of Additional District Judge, Hissar whereby he had maintained the dismissal of his suit ordered by the Additional Civil Judge (Sr. Division), Tohana vide order dated 28.1.1997.

(2.) THIS regular second appeal has arisen in the following circumstances.

(3.) DEFENDANTS No. 1, 3, 4, 6 and 8 to 10 contested the suit of the plaintiff. It was urged that the lease period in respect of suit land in favour of plaintiff had expired and after the expiry of the period of lease, plaintiff ceased to have any concern with the land. Plaintiff transferred the possession of the land to the owners of the land after obtaining compensation from them. He gave affidavit to this effect on 24.4.1989 when he had given up possession of the land to the owners after receiving compensation from them. He also gave general power of attorney to Kapur Singh for the correction of Khasra girdawri. The owners got corrected the revenue record in their favour. Thereafter, the owners of the land as co-sharers sold the suit land to the defendants Jaswant Rai, Kasturi Land and Jamna Dass. They sold their share to Basera Rice Mill, Jakhal who constructed a four wall in the land. Lease was only for 7 years and the land allotted under the East Punjab Utilisation of Lands Act, 1949 was not at all heritable.