GURBACHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is plaintiffs' second appeal against the judgments and decrees of the Courts below by which his suit for declaration with permanent injunction has been dismissed.

(2.) Briefly put, Piara Singh-plaintiff purchased land measuring 145 Kanals 7 Marlas, as described in the plaint, situated in village Karaswan Tehsil Dasuya district Hoshiarpur from Brij Lal son of Mehar Narain Lal vide registered sale deed dated 12.3.1958. Piara Singh sold 96 Kanals out of the said land by means of a registered sale deed dated 3.8.1970 to Kartar Singh and Hazara Singh sons of Sohan Singh for a sum of Rs. 12,000/-. It is further the case of plaintiffs that Gurbachan Singh and Mohinder Singh plaintiffs sons of Piara Singh-plaintiff filed a suit for possession by means of pre-emption against the vendors and the same was decreed in their favour; and in execution of the decree they were put in possession of the land as well. The plaintiffs further averred that Naib Tehsildaar, Mukerian, defendant No. 3 threatened that part of the land would be allotted to the tenants or others in view of the orders passed by defendant No. 2 dated 11.3.1974 since part of the suit land was declared surplus with the original owner Brij Lal. Thus, the plaintiffs challenged the order of the collector Agrarian Reforms, Dasuya, dated 11.3.1974 and the proceedings taken pursuant thereto by Naib Tehsildaar, Mukerian, on the following grounds :-

(3.) The defendants put in appearance and filed written statement controverting all the allegations made in the plaint.