FAUJA SINGH AND ANOTHER Vs. LALLU

JUDGEMENT

(1.) The present regular second appeal has been filed against judgment and decree dated 2.1.1987 passed by learned Additional District Judge, Hissar, allowing appeal filed by respondent-plaintiff against judgment and decree dated 29.1.1986 passed by learned Additional Senior Sub Judge, Fatehabad, dismissing suit filed by respondent-plaintiff.

(2.) I have heard learned counsel for the appellants and have gone through the whole record carefully including both the judgments passed by learned Courts below.

(3.) Briefly stated, respondent-plaintiff filed a suit against present appellants-defendants seeking a decree for possession of land measuring 40 kanals duly described in the plaint. Plea was taken that the land in dispute was allotted to plaintiff by Collector, Hisar, under the East Punjab Utilisation of Lands Act, 1949 (hereinafter to be referred as the 'Act') being waste land for a period of 20 years from the year 1971 to the year 1991 subject to payment of Rs. 2.50p per acre as rent per annum. He also installed a tubewell in the land in dispute and reclaimed it. However, as crop of kharif for the year 1980 got damaged, he left the said land and went in search of some job for his livelihood and however, when he returned in March 1982, he found that defendants had taken the possession of the said land and started cultivating the same without any right. However, they had taken the plea that they had purchased the same from its owner. Hence, this suit for possession on the ground that plaintiff is allottee of the land in dispute, whereas defendants are having no right to remain in possession.