PARTAP RAM Vs. JAWAHAR SINGH

JUDGEMENT

(1.) This is a second appeal by the plaintiffs against the judgment and decree of the Additional District Judge, Ferozepore dated 28th December, 1973.

(2.) Briefly, the case of the plaintiffs is that they were the owners of 28 Kanals 13 Marlas of land situated in village Chuhriwal Chisti and the defendant was a tenant under them. They filed an application for ejectment against him in the Court of the Assistant Collector IInd Grade, Fazilka, which was accepted by him ex-parte on 6th November, 1970 (Copy Exhibit P. 4). Subsequently, they executed that order and according to the report roznamacha dated 21st December, 1970 (Copy Ex P. 1/A). They were delivered actual possession of 8 Kanals and symbolical possession of 12 Kanals 3 Marlas out of the aforesaid land. There is no mention about 8 Kanals 10 Marlas the remaining land in the report roznamacha.

(3.) The defendant filed an application for setting aside the order of ejectment before the Assistant Collector which was accepted on 28th October, 1971 and the ex-parte proceedings were set aside. The plaintiffs went up in appeal against the order of the Assistant Collector to the Collector. They also moved an application for staying their dispossession till decision of the appeal. The Collector granted them ad interim stay vide order dated 21st December, 1971 (copy Ex. P. 6). While the appeal was pending before the Collector, there was conflict between Pakistan and India and the land was occupied by the Pakistan forces. The Government agreed to pay compensation to the persons in possession of the property at the time of conflict for the crops relating to Kharif 1971 and other subsequent crops. The plaintiffs filed a suit for injunction that the defendant be restrained from taking compensation of the land from the State Government and for correction of Khasra Girdawaris.