PIARA SINGH Vs. KHAZAN SINGH

JUDGEMENT

(1.) C.M. No. 7189 -C of 2009

(2.) FOR the reasons stated in the application, CM. is allowed and the delay of 5 days in filing the appeal is condoned.

(3.) THE suit was filed by the plaintiff/appellant on the plea, that the suit land was under the possession of Gulaba Singh son of Wadhawa Singh as panahi quadeem (occupancy tenant) The pleaded case of the plaintiff was that Gulaba Singh had four brothers i.e. Piara Singh, Shingara Singh, Tara Singh and Hazara Singh. Shingara Singh and Hazara Singh were said to have died issueless, and Gulaba Singh expired on 8.2.1997. Tara Singh also expired, therefore, it was claimed that the plaintiff/appellant was the only legal heir to inherit the occupancy right. It was pleaded, that the defendant had occupied the suit land forcibly and illegally in the year 1991. In spite of requests, he neither delivered the possession of the suit land nor paid any mesne profit from rabi 1991 till date @ Rs. 5,000/ - per acre per year.