AJAIB SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This regular second appeal was originally filed by Ajaib Singh plaintiff appellant against the judgment and decree dated 21.4.1979 passed in appeal by the learned District Judge, Faridkot, affirming the judgment and decree of Sub-Judge First Class, Faridkot dated 15.6.1978 whereby the suit brought by the appellant and his three brothers Niranjan Singh, Karnail Singh and Jarnail Singh for permanent injunction was dismissed. During pendency of this appeal C.M. No. 1316-C of 1986 was filed by Niranjan Singh and Karnail Singh stating that they be impleaded as respondents Nos. 2 and 3 to the appeal, their interest is common with that of the appellant and there is no clash inter se. They prayed for being transposed as appellant. This application was allowed vide my order dated May 15, 1986. A similar prayer was made through C.M. No. 1318-C of 1986 by Jarnail Singh respondent No. 4 which was also allowed by me vide order of the same date.

(2.) The facts giving rise to this appeal are that the appellants filed a suit for permanent injunction restraining the State of Punjab, defendant respondent No. 1 through Collector, Faridkot from dispossessing them from land measuring 147 kanals 4 marlas described in the plaint situated in village Ajitwal, Tehsil Moga, District Faridkot. They alleged that their father Nand Singh owned the said land out of which he transferred about 20 acres by registered sale deed dated 17.10.1957 in favour of Kasturi Lal. The said sale was pre-empted by the appellants by a suit which was decreed in their favour on 3.8.1959. Nand Singh sold another piece of land to Ram Nath adopted son of Dhani Ram vide sale deed dated 17.10.1957. The appellants pre-empted this sale also by a suit which was decreed in their favour on 3.8.1959. They thus contended that they were owners of the suit land The Collector (Agrarian) vide order dated 25.1.1961 finally declared 21 standard acres 5-1/4 units of land surplus in the hands of Nand Singh by taking into account the aforesaid land to be his ownership. Their case was that the aforesaid order of the Collector is not binding on them as they were neither served with a notice nor were they given an opportunity to establish the fact that they and not Nand Singh were the owners of the suit land. They contended that qua them, therefore, the proceedings taken under the Punjab Security of Land Tenures Act, 1953 are void and non est. Defendant No. 1 threatened to dispossess them. They served a notice under Section 80 C.P.C. on it and thus filed the suit.

(3.) The suit was contested by respondent No. 1. The factum of sale of the suit land by Nand Singh in favour of Karturi Lal and Ram Nath and successful pre-emption of the said sales by the appellants was denied. It was maintained that the proceedings for surplus area in the hands of Nand Singh were in accordance with law and the order passed by the Collector is valid. It was further submitted that Karnail Singh appellant had filed an appeal before the Commissioner, Jalandhar Division which was dismissed on 19.4.1961 and this decision was affirmed later on by the Financial Commissioner vide order dated 17.6.1961.