ROOP SINGH Vs. RAM SINGH

JUDGEMENT

(1.) This second appeal has been filed against the judgment and decree of the Senior Subordinate Judge, Patiala dated 19.2.1975. The facts giving rise to this litigation are that Tikka Singh was owner of the land in dispute. He made a gift of the same to his nephew Ram Singh plaintiff-respondent. The latter brought a suit for possession of this land against the defendants-appellants Roop Singh and Mohan Singh alleging that they have forcibly occupied the suit land and are now in illegal possession thereof. The appellants in the written statement averred that they have been in possession of the land as tenants for a long time. Their contention is that they were tenants of the original owner Tikka Singh and so they continued to be in possession in that capacity under the plaintiff. On the pleadings of the parties following issues were framed by the learned trial Court :-

(2.) After hearing the learned counsel for the parties at length and on perusal of the evidence produced on the record, I find not the least justification to interfere with the judgment and decree of the first appellate Court. In the Jamabandi of 1965-66 (Exhibit P/1) the land in dispute is mentioned to be owned and possessed by Tikka Singh. It is, therefore, plain that by that time the defendants were not in occupation of this land. In the Khasra Girdawari for Kharif 1970 by correction the defendants' names were incorporated as tenants on payment of Rs. 150/- as Chakota in pursuance of a report No. 68. The defendants did not produce this report to explain the circumstances under which this correction in the Khasra Girdawari was made by the revenue authorities. It has been found as a fact by the first appellate Court that no cogent evidence was produced by the defendants to prove that they had been inducted in the land by the owner Tikka Singh as tenants. On the contrary, it is apparent from the order of Naib Tehsildar dated 26.10.1971 (Exhibit P/5) that on the application of the defendants for the correction of the Khasra Girdawari their names were allowed to be incorporated in the Khasra Girdawari as "Ghair Marusian Bila Adaigi Lagan Bawza Kabza Zabran". This order clearly shows that although the defendants were found to be in possession of the land in October, 1971 but their possession was not considered as that of tenant. On the other hand the revenue authorities found them to be in forcible possession of the land. Since the aforesaid entry had been made in the Khasra Girdawari for Kharif 1970 mentioning the defendants as tenants on payment of Rs. 150/- Chakota they were shown to be tenants of this land in the following Jamabandi of 1970-71 (Exhibit P/3). Since the entry in the Khasra Girdawari on the basis of which this entry was made in the Jamabandi is unsustainable no reliance can be placed on the subsequent entry in the Jamabandi of 1970-71.

(3.) As explained in an earlier decision of this Court in Amal Kumar and others v. Bhupinder Singh and others, 1976 PunLJ 26, "the Financial Commissioner has prescribed the mode of effecting changes in the existing Khasra Girdawaris. According to the Instructions. It is the duty of the Patwari before making any change in the existing entry at the time of harvest inspection, to notify in writing the person or persons likely to be adversely affected by such a change of the entries and retain on record proof of the notifications. Further, the changes so made should be attested by the Lambardar or the Panch of the village. Entries made in violation of the said instructions shall be treated null and void at the time of attestation of the Jamabandi or at an earlier stage. Under Section 11 of the Punjab Land Revenue Act, the Financial Commissioner has general power of superintendence and control over all Revenue Officers and in that capacity he has got a right to issue such Instructions. These Instructions have been issued to put a curb on the unrestricted powers of the Patwaris to manipulate the Khasra Girdawaris in the way they desired. It is the duty of the Patwari before changing the Khasra Girdawari and making an entry in favour of the tenant to inform the landowner so that he can come and contest the new entry, which is to be made by him, if he so desires."