DHAN KAUR Vs. MALKIAT SINGH

JUDGEMENT

(1.) THIS is a revision petition under Section 84 of the Punjab Tenancy Act against the order dated 15-2-2000 passed by the Commissioner, Ferozepur Division, Ferozepur.

(2.) JUST to appreciate the issues involved in this case, the brief facts of the case are that the respondents Malkiat Singh and others i.e. present respondents No. 1 to 6 filed a suit under Section 77(3)(d) of the Punjab Tenancy Act, 1887 for declaration that they were occupancy tenants and subsequently have become full fledged owners in respect of the suit land measuring 141 Kanals 8 Marlas according to the shares as Jamabandi for the year 1987-88 situated in the Revenue Estate of village Manochahal subject to the adjustment of land alienated. Notice of service in respect of the said suit was issued and on the basis of report of service of notice on Smt. Dhan Kaur the present petitioner, the petitioner was proceeded against ex-parte as the petitioner failed to put in appearance. After recording ex-parte evidence Assistant Collector-I Grade, Zira accepted the suit filled by Malkiat Singh and others and decreed their suit vide his orders dated 11-12-1992.

(3.) AGGRIEVED with the order dated 21-6-1999 of Assistant Collector-I Grade, Zira, Dhan Kaur went in an appeal before the Collector, Ferozepur who accepted the same and set aside the ex-parte order dated 11-12-1992 and 21-6-1999 and remanded the case to Assistant Collector-I Grade, Zira for fresh trial vide his order dated 11-11-1999.