S GOPAL SINGH Vs. PUNJAB STATE

JUDGEMENT

(1.) THE unsuccessful plaintiff has come up in regular second appeal against the judgment and decree of the First appellate Court partially modifying those of the trial Judge and holding that Civil Court had no jurisdiction to entertain the suit.

(2.) THE facts:-The plaintiff-appellant (hereinafter the plaintiff) was allotted land measuring 122 kanals 12 marlas daring consolidation; that mutation No. 3840 was sanctioned on April 26, 1965 by the Assistant Consolidation Officer having powers of Assistant Collector, II Grade Amritsar; that this mutation was subsequently reviewed on the ground that excess land was allotted to the plaintiff; that the plaintiff was allotted Khasra numbers 3261, 3263, 3224, 3181, 3184 and 3190 during consolidation and total area of these Khasra numbers came to 113 Kanals 7 marlas and not 122 Kanalas 12 marlas; that the plaintiff's entitlement was only for 122 Kanals 7 marlas; that the plaintiff unsuccessfully challenged the order of the reviewing authority before the Collector, Commissioner and the Financial Commissioner; that having lost before these authorities, the plaintiff instituted the present suit for declaration that mutation No. 3840 dated April 26, 1965 was correctly sanctioned by the Assistant Consolidation Officer.

(3.) THE defendant-respondent (hereinafter the defendant) denied the allegations made in the plaint.