- (1.) Harbans Kaur plaintiff filed Civil Suit No. 158 of 27.5.1987 against Mehar Singh for a decree of possession of agricultural land measuring 20 Kanals 13 Marlas fully described in the plaint on the basis of title and that the defendant had taken forcible possession thereof about one year back. The suit was contested by the defendant. Besides taking a number of other objections, his main plea is that he was a tenant on the suit land at an yearly rent of Rs. 800/-.
(2.) The parties fought the litigation on following issues:- (1) Whether the plaintiff is the owner of the land in dispute ? OPP (2) Whether the defendant has made illegal encroachment upon the land in dispute about one year back ? OPP (3) Whether the plaintiff is entitled to a decree for possession of the property in dispute ? OPP (4) Whether the plaintiff has no locus standi and cause of action to try the present suit ? OPD. (5) Whether the suit is not maintainable in the present form ? OPD (6) Whether the Civil Court has no jurisdiction to try the present suit ? OPD. (7) Whether the plaintiff is estopped to file the present suit by his act and conduct ? OPD. (8) Relief.
(3.) The learned trial Court found that the defendant was in possession of the suit land as a tenant for the last about six years; that the dispute with regard to the ownership was subjudice before the High Court in a Regular Second Appeal between the plaintiff and one Smt. Danat Kaur; and that the plaintiff was not entitled to a decree of possession. The suit of the plaintiff was dismissed by Sub Judge 1st Class, Sunam vide judgment and decree dated 20.12.1998.;