VINOD K.SHARMA, J. - (1.) FOR the reasons stated in the application the same is allowed. The order dated 20.5.2005 is recalled. The revision petition is restored to its original number and is taken up for hearing on merit.
(2.) PRESENT revision petition has been filed against the order dated 14.5.1993 passed by the learned Sub Judge First Class, Rajpura vide which plaint was ordered to be returned to the petitioner for presentation before the Revenue Court by holding that the Civil Court has no jurisdiction to decide the matter in view of the provisions of Section 77(3)(n) of third Group and thus, the jurisdiction of the Civil Court was barred under Section 14 of the Punjab Tenancy Act (for short the Act). The plaintiff-petitioner had filed a suit for mesne profit regarding the agricultural land measuring 84 Bighas 10 Biswas against the defendant- respondent on the plea he was in unauthorized possession of the land. It was further the case of the plaintiff-petitioner that the defendantrespondent had created a forged Will of Jai Singh deceased, father of the petitioner in respect of the suit land in his favour who was initially in possession of the suit land as a licencee and relative of the plaintiff from 1969. Later on, the respondent started claiming himself to be the owner of the suit land and filed a suit for permanent injunction on the basis of alleged forged Will of Jai Singh and obtained an ad-interim injunction against the plaintiff on 21.5.1974. The plaintiff-petitioner also filed a suit for possession of the suit land on 21.8.1974. Both the suits were consolidated. The suit filed by the plaintiff was decreed and that of defendant-respondent was dismissed.
(3.) DURING the pendency of Regular Second Appeal before this Court, the petitioner filed a suit for recovery of Rs. 6,04,800/- as mesne profits for unauthorized possession of the suit land. Consequently, on the dismissal of the Regular Second Appeal by this Court the petitioner in execution also took possession of the land in dispute.;