SARWAN SINGH Vs. HARBHAJAN SINGH AND ANOTHER

JUDGEMENT

(1.) The present appeal has been filed by the unsuccessful plaintiff who is aggrieved against the concurrent findings of the Courts below whereby, his suit for permanent injunction regarding land measuring 40 kanals situated in village Abba, Hadbast No. 718, Tehsil and District Gurdaspur, shown and described in Jamabandi for the year 1996-97, has been dismissed.

(2.) The case of the plaintiff was that the suit land measuring 40 kanals was owned by the Central government and the plaintiff was in actual, lawful, peaceful and cultivating possession of the suit land under the Central Government for the last many years. The defendants, without any right, title or interest were threatening to dispossess the plaintiff illegally and forcibly from the suit land. The defendants being head strong persons were likely to succeed in the illegal action and the plaintiff would suffer irreparable loss which could not be compensated in any manner.

(3.) The defence taken by the defendants was that the plaintiff was not in possession of the suit land and he had no concern with the suit land. It was pleaded that the Central Government was the owner of the suit land and the same was banjar and was made fit for cultivation by defendant no. 2 after spending huge money and he was coming in physical cultivating possession of the suit land for the last many years. When defendant no. 2 went to the Halqa Patwari few months back to get the copy of the Jamabandi for getting the rent assessed to pay the same to the Central Government, it then transpired that the plaintiff had secured entries of khasra girdawaries wrongly in his name and in connivance with the petty revenue officials. In order to get the entries of the khasra girdawaries corrected as per the factual position, defendant no. 2 filed an application for correction of khasra girdawaries in the Court of Assistant Collector IInd Grade, Kahnuwan. The plaintiff was issued notice by the Revenue Court and instead of appearing in the said Court, he had filed the present suit.