STATE OF PUNJAB Vs. MOHAN LAL

JUDGEMENT

(1.) PLAINTIFF Mohan Lal filed a suit for declaration, which was decreed by the Sub Judge III Class (A), Bathinda vide judgment and decree dated 29.5.1984. In appeal, the said judgment and decree were upheld by the Additional District Judge, Bathinda vide judgment and decree dated 7.9.2007. Hence, the present appeal by the defendants.

(2.) BRIEF facts of the case, as noticed by the lower appellate Court in para Nos. 2 and 3 of its judgment, are as under :-

(3.) PLAINTIFF Mohan Lal had filed a suit challenging notice dated 28.12.1982 issued by defendant No. 2. Reliance was placed on entry in the Sharait Wajib- Ul-Arz Ex.P-4, wherein it was not mentioned that brick earth was owned by the Government. On the other hand, the case of the appellants was that the brick earth had been declared as minerals by the State Government vide notification Ex.D-1 and hence, the demand of royalty from the plaintiff had been rightly raised.