KANWALJIT SINGH AHLUWALIA,J. - (1.) THIS order shall dispose off RSA No. 1780 of 1987 filed by State of Punjab against the judgment and decree passed by learned Additional District Judge, Jalandhar, whereby the suit for permanent injunction restraining the defendants from auctioning/ selling the land and from dispossessing the plaintiff forcibly, was decreed in its entirety. This judgment shall also dispose off RSA No. 1582 of 1986 preferred by State against the judgment and decree passed by Additional District Judge on 28.02.1984, whereby suit filed by one Ajit Singh (transferee) from plaintiff Partap Singh in RSA No. 1780 of 1987 on the basis of agreement to sell dated 08.06.1981 was decreed. Similarly, RSA No. 765 of 1988 and RSA No. 1551 of 1994 arise out of the suit for injunction on the basis of agreement to sell allegedly executed by Partap Singh in favour of the plaintiff in the aforesaid cases.
(2.) AFTER hearing learned counsel for the parties, following substantial questions of law were formulated : 1. Whether the defendants can be permitted to lead additional evidence in second appeal ? 2. Whether the plaintiff can seek injunction in respect of auction of the land in dispute in the face of the order dated 20.08.1974 and 18.12.1981 ? 3. Whether the plaintiff Partap Singh or his prospective vendees are entitled to injunction on the basis of conveyance deed dated 15.04.1981. Brief facts, out of which the aforesaid appeals arise, are that on 16.05.1969, the land in dispute was ordered to be transferred in favour of one Partap Singh on the basis of his being in possession of the evacuee property and being a displaced person from the area now forming part of Pakistan. However, the said allotment of the land was in dispute. The said allotment was cancelled on 20th August, 1974 on the basis of suo-motu reference initiated by Settlement Officer (Sales) vide his note dated 18.02.1971. Even though, the said order was passed, but a conveyance deed of the aforesaid land was executed in favour of plaintiff Partap Singh on 15.04.1981. Even though, the allotment was cancelled, still an order was passed by Additional Settlement Officer-cum-Settlement Commissioner dated 30th January, 1981 and by Assistant Settlement Officer-cum-Managing Officer on 09.03.1981 for execution of conveyance deed in favour of plaintiff Partap Singh and on the basis of said orders, the conveyance deed was executed on 15.04.1981.
(3.) AFTER the conveyance deed was executed, another order was passed on 17.12.1981 by Chief Settlement Commissioner, Jalandhar in the presence of counsel for the plaintiff Partap Singh, whereby the order dated 30.01.1981, 09.03.1981 and conveyance deed dated 15th April, 1981 were set aside and it was ordered that the possession of the land should be taken from the respondent i.e. Partap Singh forthwith and the same should be disposed off in accordance with rules.;