PRITHI SINGH Vs. JAGAT SINGH

JUDGEMENT

(1.) This second appeal has been filed by the defendants against the judgment and decree of the Additional District Judge, Karnal, dated July 2, 1969.

(2.) Briefly the facts are that Smt. Bholi was the owner of the property in dispute. She died on May 18, 1967 and upon her death, the defendants succeeded to the property in dispute. They filed an application for the recovery of rent under Section 14-A of the Punjab Security of Land Tenures Act (hereinafter referred to as the Act) and ejectment against the plaintiff, before the Assistant Collector 2nd Grade, Karnal. He passed an ex parte order of ejectment of the plaintiff from the property. The plaintiff challenged the order of the Assistant Collector inter alia on the ground that the defendants had obtained the ex parte order of ejectment by practising fraud. He also prayed for possession of the property.

(3.) The suit was contested by the defendants inter alia on the ground that no fraud was played upon the plaintiff and that the civil Court, in view of Section 25 of the Act, had no jurisdiction to try the suit. The trial Court held that a fraud was played upon the plaintiff in consequence of which an ex parte order of ejectment was passed against him and that the civil Court had the jurisdiction to try the suit. In view of the above findings, it passed a decree in favour of the plaintiff and set aside the order of the Assistant Collector. The defendants went up in appeal before the Additional District Judge, Karnal, who affirmed the judgment of the trial Court and dismissed the same. They have come up in second appeal to this Court.