SHER SINGH Vs. THAKAR SINGH AND ANOTHER

JUDGEMENT

(1.) This is plaintiffs regular second appeal against the judgment dated 22.09.2009 passed by the Additional District Judge, Ferozepur, who concurred with the judgment passed by the trial Court, dismissing the suit of the plaintiff-appellant (herein referred as 'the plaintiff). Factual matrix of the case is that plaintiff-Sher Singh has been in possession of 17 Kanals of land as tenant at will under the Provincial Government for the last 35/40 years and the defendants-respondents (herein referred as 'the defendants') have no right to interfere in his possession.

(2.) Upon notice, the suit was contested by the defendants by filing written statement, wherein they raised variety of preliminary objections, inter alia, that the suit is not maintainable in the present form; the plaintiff has no cause of action to file the suit; the suit is bad for non-joinder and mis-joinder of necessary parties and that the plaintiff has not come to the Court with clean hands. On merits, it was submitted that in fact, defendant No. 2 and Harbans Singh son of defendant No. 1 are in cultivating possession of the suit land as 'gair marusi' and had sown paddy crop for the 'kharif' 2003. Defendant No. 2 along with Harbans Singh had moved an application for correction of Khasra Girdawari, which was accepted by the Assistant Collector, IInd Grade, Fazilka on 31.03.2003 and he had ordered correction of Khasra Girdawari in their favour. As such, the suit of the plaintiff is liable to be dismissed.

(3.) The replication was also filed by the plaintiff.