GIAN KAUR Vs. KULDEEP RAJ AND OTHERS

JUDGEMENT

(1.) This appeal has been preferred by the unsuccessful plaintiff Gian Kaur, who lost in both the Courts below. The appellant-plaintiff had filed a suit seeking permanent injunction to restrain defendants from dispossessing her from land measuring 17 Kanals and 9 Marlas, forcibly or in execution of order dated 20.11.2003 passed by SDM-cum-AC 1st Grade, Hoshiarpur, under section 14- A of Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as 'the 1953 Act'). As per case of the appellant-plaintiff, previously her husband namely Parduman Singh was in occupation of the suit property as a tenant under the previous owner Joga Singh. Joga Singh had filed an application seeking ejectment of the plaintiff and her son in the Court of AC 1st Grade, Hoshiarpur which was allowed on 21.11.1975 wherein it was ordered that the plaintiff and her son shall not be dispossessed from the suit property unless they are accommodated on some surplus area by the State Government. The plaintiff further averred that Joga Singh sold the suit property in the year 1999 to the defendants who filed an application seeking ejectment of Balbir Chand, son of the plaintiff, who was living abroad without impleading the plaintiff as a party and obtained ex-parte order of ejectment against Balbir Chand and further under garb of said ejectment order against Balbir Chand, tried to take possession of the suit property from the plaintiff. The appellant-plaintiff asserted that she could not be dispossessed before she is resettled on some surplus land as per earlier order dated 21.11.1975 of A.C 1st Grade, and that the subsequent ex-parte order of ejectment, in any case, was a nullity having been obtained by fraud and by concealment of material facts.

(2.) The respondents-defendants, in reply, raised preliminary objection as regards jurisdiction of the Civil Court to try of the suit and as regards locus-standi of the plaintiff to file the suit. On merits the defendants feigned ignorance about the earlier ejectment petition filed against a plaintiff and her son by Joga Singh in which order date 21.11.1975 had been passed. A stand was taken that the defendants have every right to seek possession on the basis of order passed under section 14-A(i) of 1953 Act. The defendants further asserted that in fact possession of a part of the land has already been delivered to the defendants and it is only 2 Kanals and 16 marlas of land which is left with the plaintiff as he had sown crops on the said land and that the defendants had already deposited cost of the crops with the executing Court. The defendants denied that Balbir Chand was residing abroad or that they had obtained ejectment order by concealing any material fact or by playing fraud.

(3.) The parties were put to proof on the following issues: