GURDATTA Vs. ASSISTANT SETTLEMENT COMMISSIONER

JUDGEMENT

(1.) This is a second appeal by the plaintiff against the judgment and decree of the Additional Civil Judge Alwar, dated March 22, 1974, whereby be affirmed the decree of the Munsiff, Kishangarh (Alwar), dismissing the suit.

(2.) It is not necessary to narrate the facts in detail. In 1947, one Gurdatta, son of Sonu Ram, was allotted 16 Bighas of land in village Khanpur Mewan as a rehabilitation measure. One Phulluram made a complaint to the Collector that the appellant, who alleges himself to be Gurdatta, son of Sonu Ram, is not the real Gurdatta to whom the land was allotted. The appellants name, in fact, is Saidas son of Ram Chander. Phulluram further complained that the real allottee Gurdatta son of Sonu Ram had gone to Uttar Pradesh, where he died leaving behind his widow Premibai and his son Shiv Dayal. This complaint of Phulluram was enquired into by the Magistrate. First Class. Tijara and thereafter by the police. The Collector ultimately forwarded the papers to the Managing Officer for disposal. The Managing Officer conducted the enquiry and by his order dated April 18, 1960 (Ex. 5) held that the present appellant was a real allottee. Dissatisfied with the said order, Phulluram went in appeal to the Assistant Settlement Commissioner (Reh), Rajasthan, who vide his order dated August 20, 1960, allowed the appeal and set aside the order of the Managing Officer. The learned Assistant Settlement Commissioner found that the present appellant was not the real the allottee and that he was an imposter for another Gurditta son of Sonu Ram, the real allottee. He also ordered that Shiv Dayal, the minor son of Gurditta, be restored to the possession of the land provided he deposits certain amount within a certain period. This order of the Assistant Settlement Commissioner was challenged by Ram Chander before the Settlement Commissioner. The latter, vide order dated November 21, 1961, dismissed the appeal and affirmed the finding arrived at by the Assistant Settlement Commissioner. The appellant thereupon filed the present suit against (1) Assistant Settlement Commissioner, (2) Chief Settlement Commissioner, (3) Managing Officer and (4) Phulluram, and asked for the following reliefs, - -

(3.) It appears that during the pendency of the suit, the name of Phulluram was struck off from the array of defendants and Shiv Dayal was impleaded as one of the defendants. The suit was contested by Managing Officer, Phulluram and Shiv Dayal on various grounds. The learned Munsiff, who tried the suit, framed as many as 10 issues in the suit. He held that the present appellant was not Gurditta son of Sonu Ram, the actual allottee of the land. He further held that the present appellant's name is Saidas alias Sudhi, son of Ram Chandra. He also upheld the validity of the impugned orders dated August 20, 1960 and November 21, 1961. On the above findings, he dismissed the suit. These findings were affirmed by the lower appellate court and hence this second appeal.