SANWANT SINGH Vs. JAIL SINGH AND OTHERS

JUDGEMENT

(1.) THE material facts art that Smt. Dalip Kaur (Defendant No. 3) had purchased the suit land from Mode Singh and others. She sold it to one Smt. Jeth Kanwar (Defendant No. 2) vide registered sale deed dated 14th April, 1967. This latter sale was successfully pre -empted by Jail Singh, Defendant No. 1. The pre -emption suit was decreed on 9th October 1969. It appears that Jail Singh deposited the pre -emption amount. When he was about to take possession of the land, Sanwant Singh Appellant filed a suit for a declaration to the effect that he was in cultivating possession of the suit land since Kharif, 1957 and the various entries in the revenue papers showing the cultivation of the Defendants were wrong. He also prayed for permanent injunction as a consequential relief, for restraining Defendants Nos. 1 and 2 from interfering in his possession His case was that he always remained in possession of the suit land as a tenant since Kharif, 1957 under the various transferees and that neither Smt Dalip Kaur nor Smt. Jeth Kanwar had dispossessed him. Stray entries in the revenue papers about the cultivation in the names of various Defendants were incorrect. The decree obtained by Jail Singh in the pre -emption suit was not binding upon him and he was not liable to be ejected in execution of that decree. Defendant Nos 4 to 9 were arrayed as in revenue papers, for some crops their names have been recorded as cultivating the land.

(2.) THE suit was contested by Jail Singh and Smt Dalip Kaur. They denied all the plaint allegations and pleaded that the Plaintiff, who was a servant of Smt Jeth Kanwar, had got wrong entries made in the revenue papers It was further pleaded that the possession of the suit land was with Smt Dalip Kaur and after the sale she had delivered it to Smt Jeth Kanwar and that at the time of the said sale there was no tenant on this land.

(3.) UPON the allegations of the parties the learned trial court framed the following issues: -