STATE OF PUNJAB Vs. CHARAN SINGH

JUDGEMENT

(1.) Plaintiff-Charan Singh filed suit for declaration and perpetual injunction. The case of the plaintiff was that he was landless agricultural worker and member of a scheduled caste category being Mazbhi Sikh. The land in question was "Nazool" land and was liable to be allotted to the plaintiff. After the expiry of the lease period, State wanted to eject the plaintiff from the suit land and initiated proceedings under the Public Premises (Eviction and Rent Recovery) Act. Plaintiff filed a writ petition in this Court and the same was dismissed. Thereafter, plaintiff approached the Apex Court by way of SLP No. 8269 of 1994 and the same was accepted by the Apex Court. The name of the plaintiff was liable to be entered in column No.4 of the jamabandi. The land had been allotted to the plaintiff on an application moved by him to District Collector, Faridkot vide DRA No.195 dated 21.4.1999 but later on the mutation was rejected by Assistant Collector 2nd Grade vide order dated 12.8.1999.

(2.) The defendants, in their written statement, averred that the suit land was not Nazool land. The possession of the plaintiff had been regularised qua 44 kanals 2 marlas of land. The name of the plaintiff had been entered in column No.5 in terms of the decision given by the Apex Court.

(3.) On the pleadings of the parties, following issues were framed by the trial Court:-