M.L.SINGHAL,J - (1.) THIS RSA is directed against the judgment and decree dated 21.6.1969 passed by Additional District Judge, Jalandhar whereby he accepted the appeal of Kabal Singh defendant and dismissed the suit of the plaintiff- respondent Amar Nath for possession of 1/2 share of land measuring 1 kanal 18 marla towards west of Khewat No. 1030, Khatauni No. 1526 Khasra No. 4390/1446-2737 as entered in jamabandi for the year 1958-59 situated in the area of Nawanshahr as shown in red in the plan Ex. P1 attached to the plaint in reversal of the judgment and decree dated 28.6.1967 passed by Sub Judge First Class, Nawanshahr in his favour.
(2.) FACTS :- Amar Nath plaintiff (appellant herein) filed suit in November 1965 for possession of 1/2 share of land measuring 1 kanal 18 marla as detailed in the heading of the plaint and described in the site plan attached to the plaint. It is alleged in the site plan that Dharam Pal son of Sagli Ram was co- owner/co-sharer of land measuring 1 kanal 18 marla. Dharam Pal son of Sagli Ram was in Hissedari possession thereof. He purchased from Dharam Pal son of Sagli Ram vide registered sale deed dated 13.6.1958 1/2 share of this khasra number towards west and put the plaintiff in possession thereof. Kabal Singh defendant No. 1 took forcible possession thereof 3-4 months ago and raised one kacha kotha in some portion of the land is suit. Chiranji Lal defendant No. 2 and husband of defendant No. 3 Pt. Siri Ram purchased some area of khasra No. 4390/1446-2737 from Dharam Pal son of Sagli Ram. Defendant Smt. Karam Devi's husband died about 1-1/2 years ago and his interest devolved upon Smt. Karam Devi defendant No. 3. Amar Nath plaintiff sought possession of 1/2 share of land measuring 1 kanal 18 marla towards west as purchaser from co-owner Dharam Pal alleging that Kabal Singh defendant was trespasser. Kabal Singh defendant resisted the suit of the plaintiff urging that he was not trespasser. He had purchased about 4 marlas of site vide sale deed. He had pre-empted the sale of land measuring 7 marla effected by Dharam Pal in favour of Lachman Singh son of Bawa Singh. He was thus in possession of land measuring 11 marla out of this khasra Number as owner. He was in possession of the remaining 1 kanal 7 marla of this khasra number as tenant since 12.4.1954 at a rental of Rs. 60/- per annum under Sagli Ram and Dharam Pal and at a rental of Rs. 100/- per annum from the year 1957. Kiraya Nama is dated 12.4.1954. There are pucca kothas raised by him on the land in suit. He is carrying on the business of the sale of wood on the land in suit. He has raised shops there shops are of the value of Rs. 20,000/-. Land in suit is situated within the municipal limits of Nawanshahr and as such the matter was cognizable by Rent Controller under the East Punjab Urban Lal Restriction Act, 1949. Plaintiff was stopped by his act and conduct inasmuch as he had been seeing the house being constructed on the land in suit. He had been receiving rent in the shape of fuel wood. On the pleadings of the parties, the following issues were framed by the learned Subordinate Judge :- 1. Whether the plaint is not properly valued for purpose of Court fee and jurisdiction ? OPD 2. Whether defendant No. 1 is a tenant of the plaintiff in the land in dispute ? It so, whether this court has jurisdiction to try this suit ? OPD 3. Relief. Subordinate Judge First Class, Nawanshahr decreed the plaintiff's suit for possession in view of his finding that Kabal Singh was a trespasser. It was found that he was in illegal possession as gair maurusi without payment of rent. Kabal Singh went in appeal which was allowed by Additional District Judge, Jalandhar vide order dated 21.6.1969 in view of his finding that Kabal Singh was purchaser of 4 marlas of land out of this khasra number. He got 7 marlas of land through pre-emption. Amar Nath purchased 1/2 of 1 kanal 18 marla of land out of this khasra number vide sale deed dated 13.6.1958 from Dharam Pal. Kabal Singh was tenant in respect of 1 kanal 10 marlas of land out of this khasra number through rent deed Ex. D1 executed by him in favour of Sagli Ram and the annual rent was settled at Rs. 60/- per annum. Rent deed Ex. D1 is dated 12.4.1954. It was found that initially he had taken 1 kanal 10 marla of land as tenant. Later on, he took the entire 1 kanal 18 marla at a rental of Rs. 100/- per annum. At that time, the defendant had not purchased 11 marlas of land out of this khasra number as such he had to take the entire land on rent. He found that rent had been paid vide receipts dated 12.4.1954, 16.4.1956, 25.4.1957 and 19.1.1958. It was also found that Kabal Singh paid taxes to Municipal Committee, Nawanshahr vide receipts D7 to D13. It was found that possession was not delivered to Amar Nath and that the recital in the sale deed Ex. P1 was false. Amar Nath could be put in possession if Kabal Singh had been ejected before the execution of the sale deed. Kabal Singh was earlier tenant under Sagli Ram. On Sagli Ram's death, he became tenant under his son Dharam Pal by operation of law. Kabal Singh was not a trespasser. He was not in forcible possession.
(3.) NOT satisfied with the judgment and decree of Additional District Judge, Jalandhar, Amar Nath came to this court through this appeal.;