ARJAN SINGH Vs. HARI SINGH
LAWS(P&H)-2007-2-78
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 28,2007

ARJAN SINGH Appellant
VERSUS
HARI SINGH Respondents

JUDGEMENT

RAJIVE BHALLA,J - (1.) PRAYER in this appeal is, for setting aside the judgments and decrees, passed by the Sub Judge, Ist Class, Rajpura dated 5.6.1981 and the Additional District Judge, Patiala dated 19.9.1983.
(2.) THE plaintiffs -appellants herein, filed a suit, for declaration that they were owners in possession of agricultural land measuring 64 kanals situated in Village Pandwala, Tehsil Rajpura, as described in the heading of the plaint. In the alternative, they prayed for grant of a relief of possession of the said land as per jamabandi for the year 1971 -72. The aforementioned prayers were based, on a plea that the appellants' ancestors; namely Narota and Mangal had acquired rights of ownership, with respect to land measuring 7 bighas 6 biswas, situated in the revenue estate of Village Kansal, pursuant to a judgment and decree dated 15.8.1904 passed by the Munsif, Ist Class, Ambala. It was also alleged that the aforementioned land was acquired for the Capital Project of Chandigarh and in lieu thereof land was allotted to the appellants in village Pandwala. This fact is sought to be fortified by an entry in a Roznamcha for the year 1952 and entries in the Khasra Girdawaris.
(3.) IN opposition to the pleadings in the plaint, the respondents admitted the decree of 1904 but resisted the suit by pleading that the suit land was never allotted to the appellants, but was allotted to the respondents. The correctness of the entries in the Khasra Girdawris were denied and it was pleaded that these wrong entries were subsequently rectified by the revenue authorities.;


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