JAGIR SINGH Vs. DARBARA SINGH

JUDGEMENT

(1.) The crux of the facts, which needs a necessary mention, for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record (judgment Annexure P4), is that Chatter Singh son of Lakha Singh had purchased the land in question from Bal Singh and his two brothers on 15.6.1971. At that time, suits for pre-emption were very common.

(2.) Meanwhile, the complainant filed a suit, bearing No.123 on 3.2.1994 against Chatter Singh and the Dera for a decree of declaration to the effect that rapat roznamcha dated 11.10.1984 prepared by the patwari and the changes made in the Khasra Girdawari and jamabandi were illegal and he was a lessee on the basis of lease deed. He also sought a decree for permanent injunction for restraining the defendants from taking forcible possession or interfering with his peaceful possession over the suit land. On 22.4.1994 Darbara Singh appeared in the civil court and made his statement that he does not want to proceed with and the civil suit was dismissed as withdrawn on his statement.

(3.) After dismissal of the suit, the complainant again filed CWP, bearing No.5204 of 1994 with the same very allegations that vide registered lease deed dated 14.6.1971, the land in dispute was given to him on lease for a period of 99 years and on the next day i.e. 15.6.1971, Bal Singh, Mohinder Singh and Shiv Dev Singh had executed a sale deed in favour of Chatter Singh and possession of the land continued with him as a lessee. He further alleged that Chatter Singh and the office bearers of the Dera connived with the revenue authorities and got khasra girdawari changed in their favour by entering false rapat roznamcha on 11.10.1984. According to the complainant that Chatter Singh and office bearers of the Dera joined hands to throw him out of the land in question and with the active help of Sanjeev Gupta, SSP, Jalandhar and his subordinates, they forced him to make a statement for withdrawal of the suit. In the background of these allegations, he prayed that the statement made and the document signed by him while in illegal custody of the police between 20.4.1994 and 22.4.1994 may be declared illegal and appropriate action be taken against the accused.