GURDWARA SAHIB Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is plaintiffs second appeal challenging the judgment and decrees of the Courts below whereby, his suit for declaration to the effect that plaintiff is owner in possession of the suit land and that the defendants have no right, title or interest in the same and the record of rights are wrong and are liable to be corrected with consequential relief for permanent injunction restraining the defendants from dispossessing the appellant forcibly or otherwise interfering in any manner in his peaceful possession over the suit land, was dismissed.

(2.) THE case of the plaintiff/appellant in brief is that the suit land was granted to the plaintiff by Maharaja Sahib of Erstwhile Kalsia State in the year 1934 and it was mutated in its name. Consequently, the entries were also made in the Jamabandi for the year 1934-35. It was further averred that plaintiff was in continuous possession of the suit land as owner and in the revenue record there were wrong entries to the effect that Sarkar Daulat Madar Kalsia Bahadur is the owner of suit land. These entries are wrong and illegal. The plaintiff is in continuous, peaceful and hostile possession of the suit land for more than 60 years. Thus, the plaintiff also claimed ownership of the suit property on the alternative plea by way of adverse possession.

(3.) THE Trial Court after hearing the Counsel for the parties and perusing the evidence on record returned findings on all the issues against the plaintiff and dismissed the suit.