SHIROMANI GURUDWARA PARBHANDAK COMMITTEE Vs. INDERJIT SINGH

JUDGEMENT

(1.) Cm-14874-C-2016 is allowed and the appellant is permitted to make good the deficiency in court fee.

(2.) Having lost before both the Courts below, the appellantplaintiff has approached this Court by way of instant Regular Second Appeal challenging the judgment and decree dated 31.3.2016 passed by the Additional District Judge, Amritsar, affirming that of the Civil Judge (Junior Division), Ajnala, dated 26.2.2015 whereby the suit of the plaintiff for declaration with consequential relief of permanent injunction, was dismissed.

(3.) Briefly stated, the facts necessary for adjudication of the instant appeal as narrated therein are that the land as mentioned in the head note of the plaint was uncultivable land owned by Jumla Mushtarka Malkan Hasab rasad Raqba Khewatwar, i.e. Maqbuja Malkan and the plaintiff was owner in possession to the extent of share in the proprietary body. The defendant in connivance with the revenue officials had got his name inserted in the column of cultivation as a co-sharer and had obtained an entry of Fard Badar No.9 regarding the suit property. According to the plaintiff, the defendant had no right, title or possession over the suit property but he was interfering into the peaceful possession of proprietary body of the suit property and threatened to dispossess the proprietary body from the suit property which gave rise to the filing of the suit for declaration with consequential relief of permanent injunction. Upon notice, the defendant contested the suit by filing a written statement. Besides raising various preliminary objections therein, it was pleaded that the name of the defendant had been correctly entered into the column of cultivation and that the plaintiff had no cause of action. It was further pleaded that the suit had not been filed by the authorized person. Rest of the averments made in the plaint were denied and a prayer for dismissal of the suit was made. The plaintiff controverted the averments made in the written statement by filing replication.