2018 189 PUNLR 756 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.) Plaintiff-Respondent had filed a suit for declaration claiming that the orders dated 03.10.1977, 23.05.1979, 10.06.1980, 21.04.1981 and 08.02.1983 passed by the Settlement Commissioner, Managing Officer, Chief Commissioner and Financial Commissioner are illegal, null and void and without jurisdiction. The plaintiff also sought a consequential relief with a direction to defendants No.1 and 2 to decide the application of the plaintiff dated 16.05.1977 as per the rules.

(3.) It is not 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.