NORANG SINGH Vs. HARDEV SINGH

JUDGEMENT

(1.) This second appeal by unsuccessful defendant, Norang Singh arises out of the following facts :

(2.) Mr. Suraj Parkash Gupta, learned counsel for the appellant, states that the appellate Court was wrong in saying that other issues were not pressed. He pointed out the affidavit filed by the counsel for the appellant, who appeared before the first appellate Court, wherein it is categorically stated that the arguments were heard only regarding issue No. 2 and no arguments were heard on other issues. So far as issue No. 2 is concerned, Mr. Gupta contends that proviso to Section 42 of the Specific Relief Act is a bar to the suit for a mere declaration and in that connection he cited the judgment in Jugraj Singh and another V. Jaswant Singh and others, 1971 AIR(SC) 761. But the above proviso is not applicable to the facts of the present case. The present case is covered under Section 117 of the Punjab Land Revenue Act, which reads as under :-