STATE OF PUNJAB Vs. KHUSHALA

JUDGEMENT

(1.) Plaintiff filed suit for possession in respect of land measuring 25 kanals 6 marlas on the ground that sometime in the year 1973 Forest Department built up Forest Guest House and a Nursery with promise that the Plaintiff will be compensated by offering him land of equal value. On this promise, the plaintiff parted with this piece of land. It is further case of the Plaintiff that he has been knocking the door of the Department for allotment of an alternate land but the matter was being put off for one date or another as at one time even the Gram Panchayat passed a resolution to give him some land in lieu of the land acquired. With these broad averments Plaintiff claimed possession of the property in dispute.

(2.) The Trial Court on the basis of evidence has come to the conclusion that Plaintiff remained owner of the property in dispute and the same was not acquired by the defendants and so granted decree for actual possession in respect of 10 kanals 2 marlas i.e. on the basis of offer made by the defendants.

(3.) Before the lower appellate Court challenge to the judgment and decree of the Court below was made, which was accepted vide judgment and decree dated 12.8.1993 decreeing the suit of the Plaintiff as prayed for.