MANDAR THAKAR JI Vs. GURBAX SINGH

JUDGEMENT

(1.) CIVIL Suit No. 1 of 1. 1. 1979 (60 of 7. 8. 1978) was filed by Mandar Thakar Ji through its Managing Committee against Gurbax Singh and seven others for their ejectment from the land bearing Khasra No. 146 measuring 3 kanals, 15 marlas, khewat No. 36/55, situated in the abadi of village Alamgir. It was pleaded that land bearing khasra No. 3542/2160 min measuring 4 kanals was owned by the plaintiff and in lieu thereof land bearing khasra No. 1 46 measuring 3 kanals 15 marlas was allotted to them as a result of consolidation of holdings in the village. The said land was taken on lease by Tara Singh and Gulwant Singh for a period of twenty years at the rate of Rs. 80/- per annum through registered lease deed dated 1. 10. 1958. The rent was payable six monthly at the rate of Rs. 40/- on every lohri and Rs. 40/- on every namani. Before filing the suit Tara Singh and Gulwant Singh having died, respondents 1 to 3 as legal representatives of Tara Singh and Gulwant Singh having died, respondents 1 to 3 as legal representatives of Tara Singh and respondents 4 to 7 as legal representatives of Gulwant Singh were sued. Chanan Singh, defendant No. 8 had died during the pendency of the suit and his legal representatives were also brought on record. The case of the plaintiff was that the period of lease having expired, they wanted to take possession of the land.

(2.) THE suit was contested by the defendants and the parties fought the litigation on the following issues : (1) Whether the plaintiff has locus standi to sue? OPP. (2) Whether the suit is tenable and maintainable? OPP. (3) Whether Amar Chand is competent to file this suit ? OPP. (4) Whether the defendants have matured their title in the suit. property by adverse possession for more than the statutory period ? OPP. (5) Whether it is necessary to obtain in the sanction of the Government to file this suit? OPP. (6) Whether the suit is properly valued for the purpose of court fee and jurisdiction ? OPP. (7) Whether the pre-consolidation land measuring 4 kanals bearing khasra No. 3542/2160 was owned by the plaintiff as alleged? OPP. (8) In case above issue is proved, whether Khasra No. 146 measuring 3 kanals, 15 marlas was mapped in lieu of the aforesaid land during the consolidation proceedings and whether the plaintiff is its owner? OPP. (9) Whether the plaintiff leased out the suit property to Tara Singh, Gulwant Singh and Chanan Singh for twenty years vide lease deed dated 1. 10. 1958 as alleged? OPP. (10) In case above issue is proved, whether the defendants are in occupation of the suit property as heirs and successors of the original lessees and whether there is relationship of landlord and tenant between the parties ? OPP. (11) Whether the lease has been determined by elapse of time ? OPP. (12) Whether a valid quit notice has been served by the plaintiff on the defendants ? OPP. (13) Whether there is a committee to manage the plaintiff Mandar Thakar Ji as alleged ? OPP. (14) Whether the Civil Court has got jurisdiction in this suit ? OPP. (15) Whether the plaintiff is entitled to a decree for possession of the suit property by ejectment of the defendants ? OPP. (16)Relief. "

(3.) IT is that judgment and decree of the first Appellate Court which has been challenged by the plaintiff in this regular second appeal and which requires my examination for its sustainability