SOHAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS regular second appeal has arisen out of the judgment dated 10.9.1982 passed by the learned Additional District Judge, Hoshiarpur, dismissing the appeal of the plaintiff against the judgment and decree dated 19.11.1979 passed by the Sub Judge Ist Class, Hoshairpur, dismissing the suit of the plaintiff-appellant (herein referred as 'the plaintiff') for possession with costs.

(2.) SOHAN Singh plaintiff (now represented by his legal representatives) had earlier filed a suit for declaration in the alternative for possession of the property in dispute against Union of India claiming the same to be his ownership and got an ex-parte decree in his favour vide judgment dated 8.12.1961 (Ex.P4) and decree sheet Ex.PW4/A. The land in dispute is stated to have been allotted to him in lieu of the previous land as described in para No. 2 of the plaint whereafter the present suit for possession was filed.

(3.) THE defendants contested the suit claiming that the suit property being an evacuee property vested in Union of India, Civil Court had no jurisdiction to try the suit; suit is time barred and barred by the principle of resjudicata. Achari Devi did not inherit the occupancy rights in the land in dispute after the death of her husband. It was also averred that the suit land vested in the custodian after the death of Achari Devi. The Civil Court decree, having been passed by a court which was not competent and had no jurisdiction to try the suit, is a waste paper, as such, the same is not binding upon the defendants; transfers made by the Union of Indiadefendant No. 1 were perfectly legal and valid. Union of India further denied if the property in dispute devolved upon the plaintiff after the death of Achari Devi. Union of India, though admitted that Santi was erroneously recorded as owner in the jamabandi recorded in the year 1952-53 and that the land as described in para No. 2 of the plaint (allotted during consolidation) was in lieu of the land now in dispute, denied that the suit land was held by Jodha common ancestor of Achari Devi and the plaintiff at any time.