RANJIT SINGH Vs. MANGAL SINGH

JUDGEMENT

(1.) THE defendants are in second appeal aggrieved against the judgment and decree passed by the Courts whereby suit for declaration that the plaintiffs are entitled to possession of the suit land from the Receiver appointed in the proceedings under Section 145/146 of the Code of Criminal Procedure (hereinafter referred to as the Code) was decreed.

(2.) IT is the case of the plaintiff that the suit land was attached by the Sub Divisional Magistrate in the proceedings under Section 145 of the Code and the possession was taken from them. Since the Sub Divisional Magistrate has ordered that the matter be decided by a competent Civil Court, therefore, the plaintiff filed the suit for declaration on the ground that they were in possession as tenants on the suit land and possession was taken of the suit land from the plaintiffs and thus they are entitled to the said possession from the Receiver.

(3.) THE learned Trial Court found that the possession of the plaintiffs of the suit land was that of a tenant, relying upon Jamabandi Ex.P10, orders in proceeding before the Sub Divisional Magistrate Exs. P.1 to P.8 and copy of the order Ex.P.15 of correction of Khasra Girdawari entries in favour of the plaintiff. It was found that the vendors of Gurdev Kaur and Gurbachan Singh themselves were not reflected as the persons in possession in the revenue record, therefore, the vendors of the defendant could not transfer the possession to the defendants. Thus, it was found that the plaintiffs are proved to be in possession of the suit land as tenant.