STATE OF PUNJAB Vs. BAKHSHISH SINGH

JUDGEMENT

(1.) STATE of Punjab has preferred the present appeal against the impugned judgment of learned Additional District Judge, Patiala dated 23.11.1979 setting aside the judgment and decree of learned Sub Judge IIIrd Class, Patiala dated 4.8.1978.

(2.) RESPONDENT Nos. 1 to 4 herein (plaintiffs in the main suit) filed the suit against the State of Punjab for declaration to the effect that they are owners in possession of 4/5th share of agricultural land measuring 367 bighas 2 biswas situated in village Bara Tehsil Sirhind District Patiala and the orders dated 20.4.1963 passed by the Special Collector, dated 13.8.1963 passed by Commissioner Patiala and dated 3.4.1964 passed by Financial Commissioner, Punjab, Chandigarh are illegal, null and void as the gift deed in favour of respondent Nos. 1 to 4 by their father Narain Singh was ignored and declared the suit land as surplus leaving 30 standard acres with Narain Singh.

(3.) THE grouse thus, shown was that Collector Agrarian (Special Collector II) Punjab, Chandigarh ignored the gift made in their favour and declared the suit land as surplus leaving only 30 standard acres of land with their father Narain Singh and that the subsequent orders passed by the Commissioner and the Financial Commissioner are also illegal and void as they too had failed to recognise the gift made by their father lawfully.