- (1.) The present appeal has been preferred against the judgment and decree dated 09.02.2012 passed by the learned Additional District Judge, Amritsar, vide which the appeal preferred against the judgment and decree dated 23.09.2008, passed by the learned Civil Judge (Jr. Division), Ajnala, has been dismissed.
(2.) For the sake of convenience, the status of the parties is being mentioned as in the original suit.
(3.) The plaintiffs have filed the suit for declaration under Section 45 of the Punjab Land Revenue Act read with Chapter VI of Specific Relief Act for correction of record of right with respect to the land measuring 66 Kls. 2 Mls. situated in village Kot Rajada, Tehsil Ajnala, District Amritsar. Originally the suit was filed by plaintiff Sohan Singh, who died during the pendency of the suit and his legal representatives were brought on record. As per the case set up by the plaintiffs, plaintiff Sohan Singh was allotted the suit land as Fauji Allottee by the Punjab Government about 30 years back and possession was delivered to him. After the allotment of the land in question, in column of ownership, the name of Punjab Government was entered and the plaintiff was shown to be occupant in column no. 5 of the Jamabandies. The plaintiff appointed defendant Darshan Singh and Kulwinder Singh as his attorney to look after and cultivate the land of the plaintiff on his behalf. But, they in connivance with the revenue officials got incorporated their name in column no. 5 as "Marfat Darshan Singh and Kulwinder Singh" in the jamabandi for the year 1981-82 without the permission of plaintiff. They also got incorporated in column no. 9 of the jamabandi in connivance with Halka Patwari "Ghair Marusi Dom Lagan Rs. 350/- per killa" in the jamabandi for the year 1991-92, 1996-97 by playing a fraud with the plaintiff. The defendants had never paid any rent to the plaintiff. When, the plaintiff discovered this act of cheating and fraud, he cancelled the power of attorney on 09.06.1998 and requested the defendants to make the statement for correction of the revenue record in his favour. But, the refused to do so. Hence the suit.;