SANTA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By an order dated July 10, 1961, the Collector (Agrarian), Barnala, declared 198 Kanals and 5 Marlas of agricultural land as the surplus area of the plaintiff Santa Singh, situate in the area of village Kattu, Tehsil Barnala, District Sangrur. Santa Singh thereupon instituted a suit for impugning that order on the ground that the same was without jurisdiction and was violative of the provisions of the Pepsu Tenancy and Agricultural Lands Act, 1955 (hereinafter referred to as the Act). He also prayed for an injunction restraining the defendant from dispossessing him in pursuance of the void order of the Collector. The suit was resisted by the defendant-State on various grounds. As many as seven issues were framed on the basis of the pleadings, out of which Issue Nos. 1 and 7, which only are material for the purpose of the present appeal, were as under :-

(2.) Issues 2 to 6 were decided in favour of the plaintiff and Issues 1 and 7 were decided against him, and, in the result, the suit was dismissed without any order as to costs. The plaintiff's appeal was dismissed on June 19, 1965 by the Senior Subordinate Judge exercising enhanced appellate powers, and the judgment of the trial Court was affirmed. Hence, this Regular Second Appeal.

(3.) As regards Issue No. 1, it is contended by Shri B.S. Bindra learned counsel for the appellant, that since the impugned order was violative of the mandatory provisions of the Act, the civil Court had jurisdiction under Section 9 of the Code of Civil Procedure to declare the same null and void.