JEEWAN SINGH Vs. MEHNGA RAM

JUDGEMENT

(1.) THIS plaintiff's second appeal whose suit for ejectment has been dismissed by both the Courts below.

(2.) THE plaintiff brought the suit for the ejectment of the tenant defendant from the property in dispute, on the allegations that it belonged to the Central Government being an evacuee property and was sought to be transferred to him as an allottee thereof, Provisional transfer thereof had been made in his name, but the sale certificate or (sic) deed in that behalf had not been issued in his favour till. The defendant was a tenant under the District Rent and Managing Officer, Jullundur, on the suit properly on payment of Rs. 4/ - per month and by virtue of the provisional transfer thereof in his name, the defendant had become a tenant under him. The defendant contested the suit inter alia on the grounds that he (the plaintiff) had acquired full ownership rights in the property and that the Central Government had no right therein It was also pleaded that the suit was barred under the provisions of the East Punjab Urban Rent Restriction Act. The trial Court ultimately dismissed the plaintiff's suit as it found that the civil Court had no jurisdiction to try the suit. In appeal, the learned Senior Subordinate Judge, with enhanced appellate powers, affirmed this finding of the trial Court and, thus, maintained the decree dismissing the plaintiff's suit. Dissatisfied with the sane, he has come up in second appeal to this Court.

(3.) ACCORDING to the learned counsel for the appellant, even the sale certificate has not been issued in favour of the plaintiff as yet. If it is so, it has been rightly held by both the Courts below that the civil Court had no jurisdiction to pass a decree for the ejectment of the respondent as prayed for.