STATE OF PATIALA AND E P STATE UNION PATIALA Vs. MOHINDER SINGH NATHA SINGH
HIGH COURT OF PUNJAB AND HARYANA
STATE OF PATIALA AND E.P. STATE UNION, PATIALA
MOHINDER SINGH NATHA SINGH
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(1.) THIS appeal under clause 10 of the Letters Patent raises the question whether the learned Singla Judge was justified in directing that the respondent who was forcibly evicted from a certain plot of land should be put back in possession thereof.
(2.) THE facts of the case are very simple in-deed. On 21-7-2003, Bk. the respondent is alleged to have purchased a plot of land in the Faridkot State from the Raja of Faridkot and paid a sum of Rs. 600/- on account of one-fourth of the price. It appears that he failed to pay the balance and on 28-8-2005 Bk. the Raja of Faridkot brought a suit against the respondent for possession of the property in question. This suit was dismissed in default on 25-10-2006 as the plaintiff failed to appear in Court cither in person or through counsel.
(3.) HAVING failed to secure the eviction of the plaintiff under an order of the Court the State of Pepsu and the Collector of Bhatinda District- put some members of backward classes in possession of the land, thereby dispossessing the respondent from the same. The respondent thereupon presented a petition under Article 226 of the Constitution in which he alleged that he had been evicted from land of which he was in possession and that his fundamental right to remain in possession of the property had been violated. The learned Single Judge before whom this case was put for consideration came to the conclusion that according to the revenue papers the respondent was in possession of the land for several years and that his possession was later disturbed with the object of settling some members of Scheduled Tribes. He accordingly allowed the petition and issued a direction requiring the State government to put the petitioner in possession of the land from which he had been forcibly evicted. The State is dissatisfied with this order and has preferred an appeal under clause 10 of the Letters Patent.;
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