SANTA SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This is an appeal assailing the concurrent findings of learned trial Court and first appellate Court by virtue of which Civil Suit No.382-1 of 01.04.1999 for declaration filed by appellant-plaintiff Santa Singh was dismissed.

(2.) The plaintiff pleaded that he had been in peaceful and continuous possession of the suit land as Gair Marusi under the Central Government for the last nine years. As per policy of the Government, being eligible person, he filed an application to get the suit land allotted on fixed price settled by the Government. Scrutinizing the papers submitted by him, Tehsildar Sales allowed his application and forwarded the case to Sales Commissioner/S.D.M., Fazilka, who after perusing the record gave his approval. The entire sale price fixed was deposited by him after which conveyance deed was issued in his favour on 24.06.1998 and was got registered with Sub Registrar, Fazilka on 03.08.1998. Mutation No.179 was also sanctioned in his name by the revenue officer and in that manner he became owner in possession of the suit land. The defendants were now threatening to cancel the allotment in his favour and intended to oust him illegally and forcibly, which necessitated filing of the suit.

(3.) Respondents-defendants appeared and contested the suit on numerous legal and factual grounds. They submitted that the suit land belongs to Central Government Border Security Force (for short, "B.S.F.") and that the plaintiff had obtained the conveyance deed by fraud and in connivance with the Halqa Patwari and its registration was void. They pleaded that the plaintiff being in possession of the suit land had filed an application for transfer of the land in his favour under the Government policy and a conveyance deed was executed in his favour but they submitted that all that was done erroneously. They further pleaded that necessary correction had since been made in the revenue record by inserting 'Fard Badar'. Defendant No.4-B.S.F. alleged that the land was owned by Central Government (B.S.F.) and could not be transferred in the name of the plaintiff. He was trying to take undue benefit of wrong entry of his name in the revenue record. The conveyance deed issued in his favour was alleged to be illegal, ineffective, null and void having no value in the eyes of law.