MANGAL SINGH Vs. NIHAL SINGH

JUDGEMENT

(1.) Nihal Singh plaintiff-respondent filed a suit for a declaration that the suit land measuring 39 Kanals and 12 Marlas, situated in the area of village Bareke, Tehsil and District Ferozepore, was in his cultivating possession as tenant under the Provincial Government and that the entries in the Khasra Girdawaris from Kharif 1966 to Kharif 1971 had been worngly made in the names of the defendant-appellants. He also averred that the land in dispute which was previously banjar had been reclaimed by him about 10 or 12 years back and since then it was under his cultivation. It was further averred that defendant-appellant No. 2, the Jabir Co-operative Farming Society, was a bogus society floated by Jasbir Singh, son of Giani Bakhtawar Singh, an ex M.L.A., who was an influential person and that the said Jasbir Singh, had in collusion with the revenue officials and with the influence of his father, got made wrong entries in the revenue records showing the defendant-society as the tenant-at-will of the land in question. It was claimed that the defendants did not cultivate the land in dispute and so correction be made in the Khasra Girdawaris for the above said period and the Jamabandi for the year 1969-70. The defendants contested the suit. In their separate written statements it was admitted by the defendants that the land in dispute belonged to the provincial Government, but it was asserted that it was under the occupation of Mangal Singh as a tenant-at-will. The allegation of the plaintiff that Jasbir Singh defendant was running a bogus co-operative farming society was denied and it was asserted that the plaintiff never remained in occupation of the land in suit. The plaintiff further filed a replication to the written statements of the defendants and contended that there was no person by the name of Mangal Singh residing in the village and that there was one Dalip Singh, son of Kehar Singh, who had represented himself to be Mangal Singh.

(2.) On the pleadings of the parties, the learned trial Sub-Judge framed the following issues :-

(3.) After recording evidence and hearing the counsel for the parties, Shri S.K. Garg, Subordinate Judge, III Class, Ferozepore, found that the plaintiff was in possession of the suit land since 1967-68, and that the defendants had got the entries in the Khasra Girdawaris and Jamabandis made in their favour in collusion with the revenue officials. Issue No. 2 was, however, found against the plaintiff. In view of these findings he decreed the plaintiff's suit with costs, vide his judgment and decree, dated September 12, 1973. Feeling aggrieved, only Mangal Singh defendant went up in February 23, 1974, with costs. Still feeling unsatisfied, the defendant-appellants filed a regular second Appeal in this Court. The learned Single Judge after examining the case-law on the point held that the plaintiff was only entitled to a declaration that he was in possession of the suit land since Kharif 1968 and not to any consequential relief. Accordingly, partly accepting the appeal, he modified the decree of the first appellate Court and granted a declaration to the plaintiff to the extent that he has been in possession of the land in suit since Khariff 1968. He also held that the civil Courts could not direct the revenue authorities to make corrections in the record of rights in the Khasra Girdawaris. The defendant-appellants have now filed an appeal under clause 10 of the Letters patent against the aforesaid judgment and decree of the learned Single Judge.