MANGA SINGH Vs. DIVISIONAL DEPUTY DIRECTOR

JUDGEMENT

(1.) The petitioner had filed a civil suit on 7th October, 1964, in the Court of Sub Judge Ist Class Bassi, District Patiala that they were the owners and in possession of agricultural land mentioned in the plaint and respondent-Gram Panchayat had no interest in it and mutation had been wrongly sanctioned in favour of the Gram Panchayat in respect of the suit land. The respondent-Gram Panchayat was duly served, but it did not appear before the trial Court.

(2.) It was alleged by the petitioners in their plaint before the trial Court that there was 1270 Kanals 19 Marlas Shamlat Deh land in village Mirpur and the petitioners had 2/9 share in the said Shamlat Deh. It was further stated that the land in dispute was shown as Shamlat Deh in the settlement of 1960-61 B.K., and the land was not assessed to land revenue, but the proprietors of the village were using the Shamlat land according to their shares in the land held by them in the village. It was further alleged that about 40 years ago, the proprietors divided the Shamlat Deh land and the suit land had fallen to their share since then. The further allegation was that the Gram Panchayat had got the mutation of the land attested in its favour on 18th May, 1957. Since the petitioners were in use and occupation of the land for the last more than 12 years as owners and they had sought the declaration that they were in possession of the land as owners and the Gram Panchayat had no right, title or interest in the suit land.

(3.) On the basis of the evidence produced by the petitioners (plaintiffs) before the trial Court, the suit was decreed in their favour ex-parte on 29th January, 1965. The Gram Panchayat had moved an application for setting aside the ex-parte decree, but vide order dated 31st August, 1966, the said application was dismissed. The appeal filed by the Gram Panchayat against the above said order was also dismissed on 20th March, 1967. The net result of all this was that the ex-parte decree in favour of the petitioners, dated 29th January, 1965 became final.