SHISH RAM Vs. MODEL ECONOMIC TOWNSHIP LIMITED

JUDGEMENT

(1.) The present second appeal has been filed by the plaintiff against the concurrent judgments and decrees of the learned Courts below, whereby the suit filed by the plaintiff seeking declaration that the 'Sanad Takshim' dtd. 26/6/2015 alongwith all the miscellaneous orders dtd. 19/7/2013, 25/10/2013, 20/3/2015, 26/6/2015 passed by the Assistant Collector First Grade-cum-Tehsildar and mutation No. 4389 dtd. 2/8/2015 entered and got sanctioned on the basis of the instrument of Partition dtd. 26/6/2015 is illegal, null and void, has been dismissed by both the Courts below.

(2.) Brief facts of the case are that partition proceedings were initiated by defendants/respondents in respect of the suit land as described in the plaint. It is the case of the plaintiff that in the said partition proceedings, he was not served in accordance with law. Therefore, the impugned ex-parte Sanad Takshim dtd. 26/6/2015 in favour of the defendants, is illegal, null and void.

(3.) Learned counsel for the appellant/plaintiff inter alia submits that it has been stated by the defendants that the appellant was served in accordance with law as munadi was carried out in the locality by beating of drums. Learned counsel contends that the said mode of service is obsolete and can no longer be resorted to as per Sec. 22 of the Punjab Land Revenue Act, 1887. It is submitted that it was incumbent upon the respondents to paste a copy of the summons at the usual or last known place of residence or outside the house of the appellant for it to be a valid service. As appellant has not been served in accordance with law, therefore, all partition proceedings were carried out at the back of the appellant and, therefore, the said partition proceedings cannot be sustained being fraudulent. It is submitted that therefore, suit of the plaintiff has been wrongly dismissed by both the learned Courts below. It is accordingly prayed that the present appeal be allowed; and the impugned judgments and decrees of the learned Courts below be set aside.