NARAIN SINGH Vs. SARDARA SINGH AND ANOTHER

JUDGEMENT

(1.) This is plaintiffs appeal against the judgment and decree dated 15.6.1983 passed by the learned District Judge, Ferozepur vide which the suit filed by the plaintiff for declaration has been dismissed.

(2.) The facts as stated in the plaint are that the plaintiff was the tenant and was in possession of the land measuring 5 kanals 10 marlas, the details of which were given in the head-note of the plaint. The plaintiff pleaded that the land was allotted by the Provincial Government to him as a tenant and he had cultivated the same from Rabi 1969 to Rabi 1972. It was further pleaded that Munshi Singh, defendant got the khasra girdawari changed in his name for kharif 1969 to Rabi 1972 with the connivance of the Patwari. The plaintiff filed a suit which was decreed. After that the plaintiff had cultivated the suit land as a tenant. The defendant again changed the entries in the revenue record from Kharif 1977 to Rabi 1981. The defendants were asked to admit the claim but they refused. Hence the suit was filed. The defendants contested the suit and controverted the allegations. It was pleaded that plaintiff was not in possession of the suit nor the Khasra Girdawari were in his name. The defendants were in possession of the suit land and girdawari have been correctly entered in their names. A number of preliminary objections were taken. On the pleadings of the parties, the Civil Court framed the following issues:-

(3.) Whether the suit is bad for non-joinder of necessary parties? OPP If so, its effect? OPD.