RAMINDER SINGH JOHAL Vs. MEENAKASHI JOHAL

JUDGEMENT

(1.) THIS is a review petition filed under Section 15 of the Punjab Land Revenue Act, 1887 read with Order 47 Rule 1 and Section 151 CPC, against the order dated 9.9.2002 passed by ld. F.C. Co-operation, Punjab.

(2.) THE brief facts of this case are, that, the respondents had filed the suit for rendition of account u/s 77(k) of Punjab Tenancy Act, 1887 with respect to the joint property measuring 177 K-12 M and 39 K-14 M situated in village Malko, Tehsil and District Jalanadhar. The respondents had contended that the land was jointly owned by the respondents and petitioner in equal shares and that the petitioner had cultivated the crops of Rabi 1985 to the date of filing that suit i.e. Rabi 1987. The respondents further contended before A.C. 1st that the crop for kharif, 1984 was sown and supervised by late Rajinder Singh, husband of Minakshi Johal but on account of sudden death of Rajinder Singh, the petitioner harvested and sold the said kharif 1984 crop. The respondents had claimed that the petitioner had not paid any amount or share of crop to the defendants. On notice the petitioner appeared before the A.C. 1st. The parties led their evidence. On behalf of the petitioner, Mangat Ram, Rakesh Kumar and O.P. Chopra appeared. The respondents had moved an application on 9.9.1988 for appointment of commission to go to spot and to let the respondents cut the sahre of the standing crop kharif, 1988. The petitioner, immediately moved an application to the District Collector, for transfer of the case and the same was disallowed on 3.11.1988, with the direction to the parties to appear in the court of A.C. 1st on 8.11.1988. The requisite file was not received with A.C. 1st on 8.11.1988; hence the parties were called on 24.11.1988. However, on 24.11.1988 neither the petitioner nor his counsel appeared before A.C. 1st. As such A.C. 1st proceeded ex parte against petitioner. Thereafter, the issues were framed and A.C. 1st grade, Jalandhar, vide his order dated 22.9.1989 passed a decree against the petitioner, Raminder Singh Johal, for recovery of Rs. 1,22,520 with costs. A.C. 1st also held that the respondents would be entitled to an interest at the rate Rs. 6% p.a. on the decretal amount of Rs. 1,22,520 from the date of filing of the suit till the date of payment. The A.C. 1st, Jalandhar, vide his order-dated 13.2.1990 also confimred/passed the decree ordered vide order-dated 22.9.1989.

(3.) THE petitioner than filed a CWP No. 5316 of 2003 in the Hon'ble High Court. The Civil Writ Petition was dismissed vide order dated 7.4.2003, with the liberty to the petitioner to move an application for review before this Court. As such, the present review application has been filed.