HEMANT GUPTA - (1.) THIS order shall dispose of aforesaid two appeals preferred by the defendants raising identical question of facts and law.
(2.) THE plaintiffs herein filed suit for permanent injunction restraining the defendants from assessing, levying or recoverying royalty on the brick earth. It was contended by the plaintiffs that they are the lessee of the land from the private owners, therefore, the State has no right to claim royalty. The defendants relied upon Section 42(2) of the Punjab Land Revenue Act, 1887 to contend that brick earth vests in the Government and they have right to claim royalty of the same.
(3.) THE learned trial Court relied upon wajib-ul-arz (Ex.P5) to return a finding that brick earth was not expressely recorded in the wajib- ul-arz and thus, the demand of royalty is not sustainable. Consequently, the learned trial Court decreed the suit. THE learned District Judge dismissed the appeal.;