Ram Chand Gupta, J. - (1.) THE present revision petition has been filed under Article 227 of the Constitution of India for quashing/setting aside the impugned order dated 8.8.2008 passed by learned Additional District Judge, Mohali, i.e., Annexure P7, vide which application filed by Petitioner -applicant under Section 5 of the Limitation Act for condonation of delay of 20 years and 197 days in filing the appeal was dismissed and as a consequence thereby appeal was also dismissed as having not been filed within prescribed period of limitation.
(2.) I have heard learned Counsel for the parties and have gone through the whole record carefully including the impugned order passed by learned Additional District Judge, Mohali. Facts relevant for the decision of present revision petition are that a suit for declaration to the effect that Petitioner -Plaintiff is owner in possession of 4/5 share of the land measuring 6K -4 M comprised in khasra No. 33/8 situated in Village Manakpur Kalar, entered in jamabandi for the year 1975 -76 and for permanent injunction restraining the Defendant from interfering in any manner in the rights of the Plaintiff was filed by the Petitioner on the brief averment that Hazara Singh son of Chhota Singh was owner of the said land, who sold the same to the Petitioner -Plaintiff vide sale deed dated 19.3.1979 for consideration of Rs. 2,000/ - and that mutation on the basis of the same was also sanctioned. Plea has also been taken that he is bona fide purchaser for consideration. Suit was contested by Respondent - Defendant on the plea that Hazara Singh was allotted the suit land under Punjab Utilization of Surplus Area Scheme, 1973 on 1.7.1975 and as per condition of the said allotment, allottee was not competent to transfer his right in the land till he becomes owner of the same or before the expiry of 15 years from the date of possession, whichever is later. However, Hazara Singh sold the same to present Petitioner vide sale deed dated 19.3.1979, Ex.P1, i.e., just after the period of four years, without obtaining any permission from the competent authority and without acquiring exclusive title in the same and hence, the allotment was cancelled. Plea has also been taken that jurisdiction of civil Court is also barred under Section 21 of the Punjab Reforms Act, 1972.
(3.) ISSUE regarding jurisdiction was treated as preliminary, which was decided against the Petitioner -Plaintiff and as a consequence, thereof, suit filed by Petitioner -Plaintiff was also dismissed, vide judgment and decree dated 12.1.1987.;