Paramjeet Singh, J. - (1.) THIS regular second appeal by plaintiff is directed against the judgment and decree dated 17.12.1983 passed by learned Sub -Judge Ist Class, Barnala, whereby suit for declaration filed by plaintiff was dismissed as well as against the judgment and decree dated 31.05.1986 passed by learned Additional District Judge, Barnala, whereby the appeal preferred by the appellant/plaintiff has also been dismissed. For convenience sake, reference to parties is being made as per their status in the civil suit.
(2.) THE detailed facts of the case are already recapitulated in the judgments of the Courts below and are not required to be reproduced. However, the facts relevant for disposal of this second appeal are to the effect that plaintiff filed a suit for declaration on the ground that he was owner in possession of the land fully described in the head note of the plaint on the basis of registered sale deed dated 18.08.1973 executed by Waryam Singh son of Pahara Singh, original owner of the property. Collector Agrarian, Barnala, vide order dated 16.06.1976 declared the suit land and some other land of Waryam Singh as surplus and mutation in that regard was also sanctioned in favour of Punjab State on 26.04.1979. It was pleaded that order of the Collector was without jurisdiction, null and void and not binding on the plaintiff as he was not served with any notice before passing the order in question. The present suit has been filed after serving notice under Section 80 of the Code of Civil Procedure. Defendants tried to dispossess the plaintiff as a result of which plaintiff has filed the suit in question. Suit was resisted by defendants on the ground that civil Court has no jurisdiction and the order passed by Collector was perfectly legal, valid and effective. Plaintiff has no locus standi to file the present suit which is also barred by limitation. Suit is bad for non -joinder of necessary parties. Mutation in respect of the area declared surplus has rightly been sanctioned. Surplus area of Waryam Singh was correctly allotted to Sarwan Singh son of Tara Singh resident of village Naiwal and possession of the suit land and remaining surplus area of Waryam Singh was delivered on 09.09.1980. Thereafter, on application moved by Sarwan Singh, he was impleaded as party vide order dated 15.10.1981 and filed written statement almost similar to the pleas taken by defendants No. 1 to 3.
(3.) PLAINTIFF filed replications to the written statements denying the averments in the written statements and reiterating the averments in the plaint.;