SUKHDEV SINGH Vs. JIT SINGH

JUDGEMENT

(1.) This appeal has been filed against the judgment and decree dated 17.9.1974 of the Senior Subordinate Judge, Hoshiarpur, exercising enhanced appellate powers.

(2.) Subedar Major Mian Narinder Singh had been working as Extra Recuriting Officer during the First World War. He was awarded a Jagir of Rs. 250/- per annum for his meritorious miltary service. On his death one-half of the Jagir i.e. Rs. 125/- per annum was transferred in favour of his son Mian Mohinder Singh, Plaintiff. The Punjab Government defendant-appellant, resumed the Jagir vide its letter dated 30.1.1964 (Exhibit P.1). According to the plaintiff the Jagir in his favour was not resumable. He, therefore, filed a suit for declaration that he is still holding the Jagir and is also entitled to recover the arrears. The Punjab State filed a written statement contesting the suit alleging that the Jagir is not a Military Jagir and can, therefore, be resumed. It was objected that the plaintiff having accepted compensation in respect of the resumed Jagir is estopped from filing the suit and that the jurisdiction of the Civil Court to entertain the suit is barred under Section 10 of the Punjab Resumption of Jagirs Act, 1957 (hereinafter called the Act). The learned trial Court struck off the defence of the Punjab State vide order dated 19.6.1971. A revision petition preferred against that order by the Punjab State was dismissed. On the basis of the evidence produced by the plaintiff, the learned trial Court came to the conclusion that the Jagir which is the subject matter of this litigation, is a Miltary Jagir which could not be resumed by the Punjab Government under the Act. It was further held that the jurisdiction of the Civil Court to try the suit was not barred by section 10 of the Act. Consequent upon these findings the plaintiff's suit was decreed. The State of Punjab preferred an appeal which was dismissed by the Senior Subordinate Judge, Hoshiarpur affirming the finding of the trial Court. Against the judgment and decree of the first appellate Court the State of Punjab has filed the instant second appeal.

(3.) The sole ground for consideration in this appeal is whether the Jagir in question is a Military Jagir because if it is so, it would then not come within the definition of Jagir as defined in section 2(1) of the Act. It is specifically provided in the definition that any Military Jagir granted on or after the 4th day of August, 1914, will not be considered as a Jagir for the purpose of this Act. Admittedly, the Jagir in question was granted after the said date i.e. on 16.9.1970.