GURSHARAN SINGH Vs. PUNJAB MANDI BOARD

JUDGEMENT

(1.) By this common judgment, this Court proposes to decide three Regular Second Appeals, namely, RSA No.3014 of 2016 (Gursharan Singh and another v. Punjab Mandi Board and others), RSA No.5740 of 2016 (Kamaljit Kaur v. Punjab Mandi Board and others) and RSA No.5116 of 2016 (Punjab Mandi Board v. State of Punjab and others). The first two appeals i.e. RSA Nos.3014 and 5740 of 2016 arise out of judgment and decree dtd. 23/10/2015 passed by the learned Additional District Judge, Ludhiana, whereby the appeal filed by the Punjab Mandi Board was allowed and the decree of permanent injunction dtd. 15/12/2014 passed by the learned Civil Judge (Junior Division), Ludhiana, in favour of Dalbir Kaur was set aside. The third appeal i.e. RSA-5116 of 2016 arises from judgment and decree dtd. 21/1/2016 passed by the learned Additional District Judge, Ludhiana, affirming the judgment dtd. 13/1/2015 of the learned Civil Judge (Junior Division), Ludhiana, whereby the suit of Punjab Mandi Board for mandatory injunction and permanent injunction was dismissed.

(2.) Dalbir Kaur, widow of Mohinder Singh son of Pritam Singh, instituted a suit for permanent injunction restraining the Punjab Mandi Board from interfering in her possession over land measuring 23 kanals 1 marla comprised in Khasra Nos. 41//18, 19, 22/1 and 23/2, situated in village Kuliawal, Tehsil and District Ludhiana. She pleaded that her husband was in possession since Rabi 1976, that he had reclaimed the land, and that civil decrees in his favour dtd. 29/2/1992 and 31/10/1998 had already declared his rights. Despite this, officials of the Mandi Board attempted to erect steel wires and boundary wall, necessitating it.

(3.) The defendants, namely Punjab Mandi Board and its officials, contested the suit on the basis that the entire land had already been acquired by notification dtd. 18/8/1979, award dtd. 29/10/1982, and had vested in the Government free from encumbrances. They asserted that possession had been taken, compensation paid, and the land subsequently transferred to the Punjab Mandi Board by notification dtd. 20/12/2007.