PUNNA Vs. MOHINDER SINGH AND ORS.

JUDGEMENT

(1.) Defendant No.1 is in appeal against judgment and decree dated 27.7.1990 passed by Additional District Judge, Ambala, whereby appeal against judgment and decree dated 22.8.1988 passed by Sub Judge, IInd Class, Jagadhari was dismissed.

(2.) Plaintiff Mohinder Singh filed a suit for declaration to the effect that he is owner of land measuring 12 kanal 18 marla shown in the head note of the plaint and for possession as a consequential relief. Plaintiff alleged that he had purchased the land in question along with other land under Section 18 of the Punjab Security of Land Tenures Act, 1953 vide order dated 23.3.1972 passed by Assistant Collector, Ist Grade, Jagadhari. One Smt.Anokhi Devi was big land owner and plaintiff was tenant under her and he was entitled to purchase the land being an ejected tenant of the big land owner. 34 kanal 19 marla of land including the suit land was purchased by him for a total sale consideration of Rs. 5,005/- and mutation to that effect No.184 dated 17.9.1972 was attested in his favour and thus, plaintiff became owner of the suit property. Plaintiff further alleged that he inducted defendant No.1 to be his tenant over the suit land. However, the order of purchase was not incorporated in the file of surplus case of big land owner Smt.Anokhi Devi by the Agrarian Department and, therefore, the land in question was not deducted from the surplus pool of the big land owner in the record of the Agrarian Department.

(3.) In the year 1978, father of defendat No.1 was murdered and plaintiff was suspected in that case along with one Jiwana. Defendant No.1 manipulated the revenue entries in his name on account of allotment along with some other land and the said allotment was claimed to be illegal and not binding upon the plaintiff.