JAWALA SINGH Vs. HARNAM SINGH

JUDGEMENT

(1.) This appeal is by the plaintiffs against the judgment and decree dated December 28, 1978, passed by the Additional District Judge, Patiala, whereby appeal filed by the plaintiffs was dismissed and the judgment and decree of the trial Court was affirmed. The trial Court on September 29, 1976, had partly decreed the suit filed by the plaintiffs. The suit was decreed with respect to the land comprised in Khasra No. 507, whereas with respect to the other land the suit was dismissed.

(2.) Jawala Singh and others filed the suit for possession of land measuring 31 Bhighas 5 Biswas comprising Khewat/Khatvani Nos 31/88 Khasra Nos 425(6-5), 432(6-5), 443(6-5), 450(6-5) and Khatvani No. 89, Khasra No. 507(6-5), situated at village Kakrala, district Patiala. The plaintiffs, namely Jawal Singh, Kapoor Singh, Kesar Singh and Gurnam Kaur, and Joginder Kaur children of Jiwa Singh were owners of the land is dispute. Joginder Kaur died leaving behind plaintiff Nos. 5 to 11, her children. In this manner, all the plaintiffs claimed ownership in the land in dispute i.e. Jiwa Singh having purchased it from Kuldip Singh landowner. Harnam Singh, Bhan Singh and Chhota defendants were alleged to be in illegal and unauthorized possession of the land in dispute. Since they refused to vacate the same, the suit was filed.

(3.) The aforesaid defendants contested the suit, denying ownership of the plaintiffs over the land in dispute. According to them, one Kuldip Singh was a big land owner, who transferred the land in dispute to Jiwa Singh on December 3, 1953. Jiwa Singh was father of the plaintiff Nos 1 to 4 Jawala Singh & others. The said transfer was against the provisions of the Presidents Act of 1953. The revenue authorities ignored the aforesaid transfer. The defendants claimed to be owners of the land in dispute by virtue of sale certificates issued by the prescribed authority in their favour on February 6, 1963 and March 21, 1963. They also pleaded that the civil court had no jurisdiction to entertain the suit in view of the provisions of Section 47 of the Pepsu Tenancy and Agricultural Lands Act, 1955. Jiwa Singh aforesaid was a contesting party in the proprietary rights case before the revenue authorities and, thus, the plaintiffs were debarred from bringing the suit. The aforesaid pleas were taken by Harnam Singh and Bhan Singh defendants, whereas Chhota defendant No. 3 in a separate written statement raised identical pleas. He also claimed proprietary rights in his favour having been granted on December 31, 1959. He also claimed adverse possession for more than 12 years.