MUNSHI Vs. UNION OF INDIA

JUDGEMENT

(1.) Munshi and others filed a suit for declaration and injunction on the broad allegations that the land owned by their predecessors was acquired by the Government for Northern Railway and the mutation to that effect was sanctioned on 3.5.1918 but later on a part of the land measuring 7 Bighas 6 Biswas forming part of Khasra Nos. 168 and 254 was ordered to be released by the order of the Revenue Commissioner of the erstwhile Jind State and the said land thus reverted to the predecessors of the plaintiffs and now the plaintiffs were in possession thereof. After consolidation, the land measuring 9 Kanals 6 Marlas being part of Khasra No. 190 was carved out in liew of the land in dispute. The land though released but continued to be shown in the revenue record in the name of the defendants in the column of ownership and thus a declaration was sought by the plaintiffs to the effect that the said entries were wrong and illegal and that on the basis thereof the defendants were trying to interfere in their possession.

(2.) The defendants contested the suit on the plea that the land had been acquired and compensation therefor had been paid and that no land was ever released in favour of anybody much less in favour of plaintiffs. It was further pleaded by them that the entries in the record were correct.

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