STATE OF PUNJAB AND ANOTHER Vs. GURBAX RAI

JUDGEMENT

(1.) Defendants-appellants-State of Punjab and Union of India are in appeal against the judgment passed by learned First Appellate Court dated 15.05.1990. In the considered opinion of this Court, following substantial questions of law arise for determination:-

(2.) It is in dispute that originally the property in dispute was allotted to late Sh. Raja Singh on temporary basis. Raja Singh expired and Narinder Singh (his son), defendant came in occupation of the property. The plaintiff-Gurbax Rai and Narinder Singh entered into a partnership and thus Gurbax Rai came in occupation. The Civil Court in the previous litigation inter parties i.e. Gurbax Rai and Narinder Singh has already held that the partnership deed was farce and Gurbax Rai is in fact tenant under Narinder Singh.

(3.) At one point of time on the application submitted by the plaintiff-Gurbax Rai, the Managing Officer regularized the possession of the plaintiff-respondent. However, thereafter the authorities after considering the respective claims as set up by Narinder Singh and Gurbax Rai, have held that Narinder Singh is entitled to allotment of the property in dispute and Gurbax Rai cannot claim any right to allotment under the provisions of Act of 1954 and the rules framed thereunder. The plaintiff challenged the aforesaid order in appeal, revision and writ petition but failed.