- (1.) This petition has been filed by Dalip Singh and five others whose ancestor Albel Singh was owner of 20 kanals 18 marlas of land in Narangwal, Tehsil and District Ludhiana. Albel Singh's holding was inherited by his three sons and a daughter, namely, Dalip Singh, Pritam Singh, Surjit Singh and Dalip Kaur, each of whom were entitled to 5 kanals 4-1/2 marlas. Gurdev Singh-respondent 5 purchased the share of Pritam Singh on December 17, 1978 but it took Gurdev Singh 20 years to get possession of his share through partition. After securing possession, Gurdev Singh served a notice dated June 10, 1999 for rendition of accounts of the share of produce from the petitioners. He later filed a suit under Section 77 (3) (k) of the Punjab Tenancy Act before the Assistant Collector Ist Grade in 1999 for rendition of accounts. The Assistant Collector Ist Grade on April 16, 2001 came to the conclusion on the basis of the finding recorded on 10 issues and evidence presented by the parties that defendants (petitioners herein) had been in wrongful possession of the property for 20 years, therefore, Gurdev Singh was entitled to receive Rs. 83,818/- with 12% interest from the date of the suit till realization of the decretal amount.
(2.) The petitioners filed an appeal before the Collector which was dismissed on June 11, 2002. The petitioners' revision before the Commissioner was also dismissed on January 30, 2003 and further revision before the Financial Commissioner was dismissed on October 19, 2004.
(3.) According to the learned counsel for the petitioners, the landlord could not get the whole produce because cultivators were entitled to receive 2/3rd share. Share of produce or rent could not be claimed for more than three years preceding the date of filing of the suit and the co-sharer could only claim his share of the produce, in the present case his share was 1/4th of 20 kanals 18 marlas.;