MALKIAT SINGH Vs. HARNEK SINGH

JUDGEMENT

(1.) Harnek Singh respondent filed a suit for declaration that he is the owner of the land in dispute acquired by the Punjab Government vide Notification dated 10. 1. 1983, having purchased -the same from Suit. Jagir Kaur vide sale deed dated 17.1.1978. It was claimed that Jagir Kaur was in exclusive possession of a portion, on partition of the land in dispute as a co-sharer. The possession was delivered to the plaintiff at the time of sale and a mutation was also sanctioned. Consequential relief, restraining the defendants from recovering the amount awarded on the basis of Jamabandi, or to stake their claim for compensation, was also sought'.

(2.) The respondents took various defences including challenging the civil Court jurisdiction to try the suit in view- of Sections 9, 12, 18, 30 and 31 of the Land Acquisition Act

(3.) The trial Court treated the following issue as the preliminary issue :-