- (1.) THIS is a Regular Second Appeal against the judgments and decrees dated February 23,1978 and June 1,1981 of the Subordinate Judge First Class, Batala and 2nd Additional District Judge, Gurdaspur, respectively. The suit filed by the plaintiff-appellant was dismissed and the appeal against the judgment and decree of the Subordinate Judge First Class, Batala, also met the same fate. Hence, this Regular Second Appeal.
(2.) BRIEFLY stated, the facts are that the plaintiff, Thakar Dawara Gaddi Bawa Lal Dial Jee Dhianpur, Tehsil Batala-A religious institution filed the suit in question through Mahant Dwarka Dass as the Mohtmim and Founder President of Bawa Lal Dial Jee Dhianpur, Tehsil Batala Trust for the management of Thakar Dwara. The plaintiff (hereinafter called the Thakar Dwara in this appeal) brought a suit for declaration challenging the legality and validity of the order, dated July 23, 1971 passed by the Assistant Collector First Grade, Batala in an application under section 18 (Form Q) under Punjab Security of Land Tenures Act in case Mula Singh v. Thakar Dwara Gaddi Bawa Lal Dial Jee, for the purchase of land mentioned in the Head Note of the plaint (Mula Singh is the defendant in the present suit ). The subsequent orders dated October 16, 1972 of the Collector, Gurdaspur, and dated May 21,1973 of the Commissioner, Jullundur Division, respectively, were also challenged as ultra vires, illegal, null and void, inoperative and being without jurisdiction.
(3.) IT was pleaded that the order, dated July 23,1971 whereby the Assistant Collector First Grade, Batala, allowed Mula Singh (now deceased) to purchase the suit land was illegal and void as the same was passed by the Assistant Collector First Grade against the statutory rules and principles and the same was passed in pursuance of a compromise and without the Assistant Collector himself judicially satisfying the existence of conditions in favour of Mula Singh for purchase of land being its tenant. It was then pleaded that it was incumbent for the Assistant Collector to have come to a definite finding before passing the impugned order to the effect that Mula Singh fulfilled all the conditions as mentioned in section 18 of the Punjab Security of Land Tenures Act, 1953 (for short, the Act ). The order was further sought to be set aside as being without jurisdiction and against the statutory rules and principles. It was further pleaded that the impugned order was obtained by Mula Singh in connivance with Mukhtar of the plaintiff who had not been authorised to enter into any compromise and the Mukhtar did not seek any instructions from the Mohtmim, nor did he inform the Mohtmim regarding the decision before the expiry of the period of limitation. It was then pleaded that the disputed property belonged to a religious institution which could never be sold or disposed of as has been done in the present case.;