- (1.) The plaintiff-respondent filed a suit for possession in respect of the disputed land on the ground that Gurdwara Granth Sahib Ahluwalia, owns the disputed land which is comprised of part of Khasra Nos. 278, 280, 281 and 282 situated in Old Rajpura, Tehsil Rajpura, District Patiala, and that the defendant is in occupation of the site and has constructed a Kotha over it with the permission of the plaintiff. The appellant was to remove the Malba of the Kotha when wished by the plaintiff. The suit was contested by the defendant. On the basis of the pleas of the parties, the following issues were framed by the trial court: 1) Whether the suit has been instituted and verified by a proper person ? OPP 2) Whether the site in dispute is owned by the plaintiff ? OPP 3) Whether the site in dispute was taken by the defendant from Biswadars and Lambardars as alleged in para 2 of the written statement ? If so, its effect ? OPD 4) If issue No. 2 is proved, whether the defendant is entitled to remain in possession as Rayat ? OPD 5) Whether the suit has not been properly valued for the purposes of court fee and jurisdiction ? OPD 6) Relief
(2.) The trial court held under issue No. 1 that the suit has been instituted by the plaintiff through a duly authorised person. Under issue No. 2, the plaintiff was found to be owner of the site in dispute. Under issue No. 3, it was found that the site in dispute was not taken by the defendant- appellant from the Biswadars and Lambardars and that they had no authority to give the site in dispute to the appellant. Under issue No. 4, it was found that the defendant was not entitled to remain in possession of the property as Rayat. Under issue No. 5, the suit was held to have been properly valued for purposes of court fee and jurisdiction.
(3.) In appeal filed by the appellant, the findings of the trial court have been affirmed.;