Sabina, J. - (1.) THE plaintiff had filed a suit for declaration that he had become owner in possession of the property in dispute.
(2.) THE case of the plaintiff, in brief, was that he had become the owner of the suit property. As per the revenue record i.e. jamabandi for the year 1939 -40, the land measuring 2 kanals 12 marlas was shown to be owned by shamlat deh. However, the Deputy Commissioner, Ferozepur vide order dated 4.1.1976 sanctioned the mutation No. 20118 in favour of the Defendant regarding ownership of the suit property. The said order was illegal, null and void. The plaintiff had purchased the land measuring 2 marlas from Bimla Wanti wife of Bijli Mal and Saroj Bala wife of Dilawar Chand for Rs. 20,000/ - in the presence of the marginal witnesses vide registered sale deed of vasika No. 488 dated 15.6.1992. Mutation No. 22309 was sanctioned in favour of the plaintiff regarding the said property. The plaintiff had constructed his shop and had raised boundary wall, in the year 1982, over the land in dispute and since then he was residing there. Municipal Committee had filed an ejectment application under Section 4 of the Punjab Public Premises and Land (Eviction and Rent Recovery), Act, 1973 and the same was allowed by the Collector, Ferozepur. An appeal filed by the plaintiff was dismissed by the Commissioner, Ferozepur Division, Ferozepur vide order dated 13.5.1999. The defendants, in their written statement, averred that the Municipal Committee had become owner of the suit property and mutation had been sanctioned in favour of Defendant No. 1 on 2.7.1981. As per notification dated 4.1.1976 entire shamlat deh land, Nazool land and rehabilitation land stood transferred in the name of Municipal Committees/ Notified Area Committees.
(3.) ON the pleadings of the parties, following issues were framed by the trial Court: 1. Whether the plaintiff is entitled as prayed for in the heading of plaint? OPP. 2. Whether suit is not maintainable ? OPD 3. Whether plaintiff has no locus standi or cause of action to file the instant suit ? OPD 4. Whether plaintiff has served notice under Section Municipal Act ? OPP;