M.L.SINGHAL, J. - (1.) THIS is plaintiff's regular second appeal against the judgment and decree dated 23.8.1999 of Additional District Judge, Hissar whereby he had maintained the dismissal of his suit ordered by the Additional Civil Judge (Sr. Division), Tohana vide order dated 28.1.1997.
(2.) THIS regular second appeal has arisen in the following circumstances. Shingara Ram filed suit for declaration against Prem Chand and others to the effect that he is in possession of land measuring 31 Kanals 2 Marlas situated in village Jakhal, Teh. Tohana, Distt. Hissar as detailed is the heading of the plaint and is entitled to retain its possession till he is evicted therefrom and further that Prem Chand etc. defendants No. 1 to 13 have no right to evict him illegally and forcibly or in any manner, whatever; in the alternative, without prejudice to what has been stated above, he has perfected his title qua the said land because of being in continuous peaceful, open and hostile possession as owner thereof for more than 12 years and is entitled to get his name recorded in the column of ownership in the revenue record and for permanent injunction restraining defendants No. 1 to 13 or any other person claiming through them from dispossessing him from the said land forcibly and illegally and for mandatory injunction directing them to restore the possession of the said land or any portion thereof if they happen to be in forcible and illegal occupation of the said land or any portion thereof. It is alleged in the plaint that he is in possession of land measuring 31 Kanals 2 Marlas situated in village, Jakhal. It was Banjar Kadim land. It was allotted to him by the Collector, Hissar (defendant No. 13-A) in the year 1971 through lease deed Ex.P-2 under the East Punjab Utilisation of Lands Act, 1949. Its possession was delivered to him in the year, 1971. Rapt was recorded in the roznamcha waqeati in token of delivering him possession of the land. Since then, he has been in possession of the land as allottee/lessee. He was never ordered to be evicted by any court or officer of competent jurisdiction. His possession was open, peaceful, continuous and hostile since the year 1971. During this period, he has never paid any theka or batai to any proprietor of shamilat deh Ramanand Patti. He has become owner by way of adverse possession.
(3.) DEFENDANTS No. 1, 3, 4, 6 and 8 to 10 contested the suit of the plaintiff. It was urged that the lease period in respect of suit land in favour of plaintiff had expired and after the expiry of the period of lease, plaintiff ceased to have any concern with the land. Plaintiff transferred the possession of the land to the owners of the land after obtaining compensation from them. He gave affidavit to this effect on 24.4.1989 when he had given up possession of the land to the owners after receiving compensation from them. He also gave general power of attorney to Kapur Singh for the correction of Khasra girdawri. The owners got corrected the revenue record in their favour. Thereafter, the owners of the land as co-sharers sold the suit land to the defendants Jaswant Rai, Kasturi Land and Jamna Dass. They sold their share to Basera Rice Mill, Jakhal who constructed a four wall in the land. Lease was only for 7 years and the land allotted under the East Punjab Utilisation of Lands Act, 1949 was not at all heritable.;