PRITHIPAL SINGH Vs. MOHINDER SINGH SATIJA

JUDGEMENT

(1.) The plaintiff-appellant filed this suit for possession of land measuring about 400 square yards comprised in Khasra No. 162 khewat No. 40 as per the jamabandi for the year 1954-55, situated in taraf Burara, Tehsil and District Ludhiana. According to him, he was the owner of the whole land measuring one bigha four marlas and fourteen biswanis comprised in the above-mentioned khasra No. by virtue of the allotment made in his favour by the Government on November 1, 1955.

(2.) According to the allegations made in the plaint, Dr. Mohinder Singh Satija, defendant, had encroached upon about 400 square yards of the land and had also raised illegal construction thereon. The suit was resisted by the defendant on several grounds. On the pleadings of the parties, the trial Court initially framed the following issues :-

(3.) The learned counsel for the appellant vehemently contended that there was no valid acquisition under the East Punjab Requisitioning of Immovable Property (Temporary Powers) Act, 1948 (East Punjab Act No. XLVIII of 1948) (hereinafter called 'the Act'), as the provisions of Section 3 thereof were not complied with. According to the learned counsel in the notice, marked R.1, produced by the defendant before the lower appellate Court, no description of the immovable property has been given. Only the area sought to be acquired is mentioned therein. He has also referred to the notice under Section 3 of the Act, marked A, wherein no specific Khasra Nos. of the land sought to be acquired are given. Inter alia only the area in village Burara is given as 129.09 acres. Thus, according to the learned counsel, there was no valid acquisition of the property, in dispute, and as such, respondent No. 2, could not pass a valid title in favour of respondent No. 1 Dr. Mohinder Singh Satija.