MOHINDER SINGH Vs. PIARA SINGH

JUDGEMENT

(1.) THIS judgment will dispose of R.S.A. Nos. 1834 of 1981 and 1281 of 1988 and Civil Writ Petition Nos. 19365 and 19366 of 1966 as the facts are similar in all of them and the parties are the same.

(2.) IN brief, the facts of the case are that the land in dispute measuring 19 kanals 8 marlas, situated in the revenue estate of village Sarangpur Phasse, Tehsil and District Ropar, was allotted to Piara Singh respondent on April 25, 1979 under the Punjab Package Deal Properties (Disposal) Act, 1976 (for short 'the Act') on the basis of his possession, by the Naib Tehsildar, Chamkaur. Sahib Mohinder -Singh, plaintiff -appellant filed a suit for permanent injunction restraining Piara Singh, defendant -respondent, from interfering into his peaceful possession. The said suit was decreed in favour of Mohinder Singh on the ground that his possession stood proved on the land in dispute. However, under issue No. 2 it was held by the learned Senior Sub Judge that the said land was owned by the Government of Punjab and had been purchased by Piara Singh respondent. In appeal filed by Piara Singh respondent, learned District Judge, Rupnagar, vide judgment dated July 24, 1981 dismissed the suit filed by Mohinder Singh, plaintiff -appellant. Against the judgment and decree passed by the learned District Judge, Mohidner Singh filed the present regular second appeal. At the time of admission, the learned Judge ordered for maintenance of stains quo.

(3.) THE conveyance deed with regard to the allotment of the land in dispute had been executed on September 24, 1981 in favour of Piara Singh respondent. Mohinder Singh appellant committed trespass and took forcible possession of the land in dispute on September 25, 1983. Piara Singh filed a suit against the possession of the land by Mohinder Singh appellant. The said suit was decreed by the learned Additional Senior Sub Judge, Ropar, vide judgment dated October 21, 1985. Mohinder Singh appellant filed an appeal. The learned Additional District Judge, Ropar, dismissed the appeal vide judgment and decree dated May 2, 1988. To challenge the judgments and decrees passed by the Courts below, Mohinder Singh appellant has filed R.S.A. No. 1211 of 1988.