LAWS(P&H)-2008-7-33

STATE OF PUNJAB Vs. PARTAP SINGH

Decided On July 04, 2008
STATE OF PUNJAB Appellant
V/S
PARTAP SINGH Respondents

JUDGEMENT

(1.) THIS order shall dispose off RSA No. 1780 of 1987 filed by State of Punjab against the judgment and decree passed by learned Additional District Judge, Jalandhar, whereby the suit for permanent injunction restraining the defendants from auctioning/ selling the land and from dispossessing the plaintiff forcibly, was decreed in its entirety. This judgment shall also dispose off RSA No. 1582 of 1986 preferred by State against the judgment and decree passed by Additional District Judge on 28.02.1984, whereby suit filed by one Ajit Singh (transferee) from plaintiff Partap Singh in RSA No. 1780 of 1987 on the basis of agreement to sell dated 08.06.1981 was decreed. Similarly, RSA No. 765 of 1988 and RSA No. 1551 of 1994 arise out of the suit for injunction on the basis of agreement to sell allegedly executed by Partap Singh in favour of the plaintiff in the aforesaid cases.

(2.) AFTER hearing learned counsel for the parties, following substantial questions of law were formulated :

(3.) AFTER the conveyance deed was executed, another order was passed on 17.12.1981 by Chief Settlement Commissioner, Jalandhar in the presence of counsel for the plaintiff Partap Singh, whereby the order dated 30.01.1981, 09.03.1981 and conveyance deed dated 15th April, 1981 were set aside and it was ordered that the possession of the land should be taken from the respondent i.e. Partap Singh forthwith and the same should be disposed off in accordance with rules.