GULJAR SINGH Vs. PUNJAB GOVT THROUGH COLLECTOR, AMRITSAR

JUDGEMENT

(1.) The brief facts of the case are that the land measuring 79 kanal 16 marlas, entered in the name of Sadhu and Dhanna, who embraced Islam and migrated to Pakistan at the time of partition of the country, was allotted to the petitioner in the year 1972. The plaintiff-petitioner filed a suit for declaration and permanent injunction regarding the property in dispute against the State of Punjab and defendants no.2 to 8, in which defendants no.2 to 8 filed their counter-claim alleging that the property in dispute was mortgaged to their predecessors-in-interest in the year 1946 and have inherited the mortgagee rights from them.

(2.) The suit filed by the plaintiff-petitioner was dismissed on 06.08.2002, but the counter-claim filed by defendants no.2 to 8 was decreed for possession of the land in dispute. The said decree was challenged by the plaintiff-petitioner by way of appeal, but remained unsuccessful upto this Court.

(3.) Defendants no.2 to 8 filed execution application for seeking possession of the property in dispute from the plaintiff-petitioner. They also filed an application under Section 144/145 of the Code of Civil Procedure, 1908 (here-in-after referred to as the "Act") for seeking restoration of possession of the land in dispute, but the said application was dismissed by the Civil Court on 28.05.2009.