JIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is plaintiffs' appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for brevity 'the Code') challenging the judgment of reversal dated 3.2.1982 passed by the learned Additional District Judge, Ferozepur. The learned Additional District Judge has dismissed the suit filed by the plaintiff/appellants, which was decreed in favour of the plaintiff-appellants by the Sub Judge, IInd Class, Ferozepur.

(2.) PLAINTIFF -appellants had filed Civil Suit No. 93 dated 16.5.1979 seeking permanent injunction restraining the defendants-respondents from interfering with their lawful possession in respect of the suit land. It was further claimed that they have been cultivating the land in dispute as permanent lesses of defendant-respondent No. 1 and paying the leased money to them. Asserting that they were Majbi Sikhs, the plaintiff-appellant have averred that on account of their long possession of 15 years they had made the land fit for cultivation by spending huge amount and they were also entitled to get the land allotted under the Punjab Package Deal Properties (Disposal) Act, 1976. It was, however, admitted that the suit land belonged to Provincial Government who has threatened to dispossess them forcibly.

(3.) ON the basis of the pleading of the parties, the following issues were framed :