Civil Revision No. 5921 of 2011 --1-- IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Revision No. 5921of 2011 Date of decision. 30.09.2011 Balwant Singh .... Petitioner Versus Sadhu Ram and others ...... Respondent CORAM: HON'BLE MR. JUSTICE VIJENDER SINGH MALIK Present: Mr.Jatinder Kumar Kamboj, Advocate for the petitioner. **** Vijender Singh Malik, J. CM No.23568-CII of 2011 This is an application under section 151 of the Code of Civil Procedure for seeking exemption from filing certified copy of Annexures P-1 to P-3. Allowed as prayed for. CR No.5921 of 2011 This is a revision petition brought by Balwant Singh, plaintiff under the provisions of Article 227 of the Constitution of India for setting aside the order dated 21.07.2011 passed by learned Additional Additional District Judge, Ferozepur and the order dated 20.08.2008 passed by learned Additional Civil Judge (Senior Division), Zira whereby the appeal and application filed by the petitioner seeking relief of ad-interim injunction had been dismissed. Civil Revision No. 5921 of 2011 --2-- The dispute between the parties is regarding land measuring 9 kanals 7 marlas situated in the area of village Peer Mohammad, Tehsil Zira, District Ferozepur. Relief is sought for restraining the defendants from interfering with the possession of the plaintiff over the same as also from recovering any share of produce from the said land from the plaintiff as also from alienating the same in any manner. The property was in possession of Narain Singh, father of the plaintiff as tenant under Sadhu Ram and others, defendants. Narain Singh died in the year 1993 leaving behind the plaintiff as his son, Hakam Kaur, as his widow and his three daughters. Hakam Kaur had now died and, therefore, plaintiff is the only legal heir of tenant Narain Singh on the aforesaid agricultural land. Sadhu Ram and others filed a suit in the court of Assistant Collector Ist Grade, Zira, which was decided on 30.10.1986 ordering ejectment of the tenant. On account of this order, the relationship of tenant-landlord between Narain Singh and Sadhu Ram etc. ceased to exist. The plaintiff is now in unauthorized and adverse possession of the suit property to the knowledge of the defendants since 30.10.1986 and has become owner thereof. It is claimed that thereafter the defendants filed an application in the court of Assistant Collector Ist Grade, Zira, whereby ex-parte ejectment order has been passed on 26.6.2006. The said order has also been challenged by the plaintiff Civil Revision No. 5921 of 2011 --3-- The application for ad-interim injunction was opposed by the defendants. They have claimed that they are still owners of the suit land. They have also claimed the relationship of landlord and tenant to exist between the parties. Narain Singh is said to have filed an appeal against the order dated 30.10.1986 before Collector (ADC), Ferozepur and the same was dismissed on 27.8.1988. The revision petition was thereafter filed before the Commissioner, Ferozepur Division, Ferozepur and a compromise was effected in the year 1990, on account of which, the revision petition was dismissed in default. It is claimed that as per the compromise, the plaintiff was again engaged as tenant over the suit land and the plaintiff paid arrears of the share of the crops, for which receipt was issued. The plaintiff again failed to pay the share of crops and the defendants filed a suit for recovery of share of crops from Kharif 1992 to rabbi 1995. The same was decreed on 24.8.1996 and the defendants filed an execution application. In the said proceedings before Assistant Collector Ist Grade, Zira, the plaintiff had claimed that he had already paid the share of produce. Hearing learned counsel for the parties, learned trial court has decided the application vide order dated 20.08.2008, vide which the application filed by the plaintiff has been dismissed. The appeal preferred against the same met with the same fate before learned Additional District Judge, Ferozepur, vide judgment dated 21.7.2011. Civil Revision No. 5921 of 2011 --4-- Dissatisfied with the aforesaid orders, this revision petition has been brought by the plaintiff. I have heard Mr. Jatinder Kumar Kamboj, learned counsel for the revision-petitioner and have gone through the record. Learned counsel for the revision petitioner has submitted that the Assistant Collector Ist Grade, Zira has ordered for ejectment of the predecessor of the plaintiff from the suit land on 30.10.1986. According to him, after passing of this order, Narain Singh did not remain a tenant over the suit property and his possession became adverse to that of the owners. According to him, the said order was not put to execution by the defendants and by passage of time, the plaintiff has become owner of the suit property. Though the defendant have mentioned the subsequent proceedings that came to be filed between the parties, in which the plaintiff is claimed to have asserted regarding payment of the share of crops, which amounts to admission of his status as tenant, there is yet nothing on the record to suggest that the plaintiff or his predecessor after passing of the order of ejectment had surrendered the possession of the suit property. The plaintiff is continuing in possession since then and in the absence of surrender of the possession and re-occupation of the same, the plaintiff cannot claim himself to be in adverse possession of the suit property. Learned trial court and learned First Appellate Court have taken into account the fact that the defendants are real owners of Civil Revision No. 5921 of 2011 --5-- the suit property and no injunction as prayed for, could be granted against the true owners. For the aforesaid reasons, I find no ground to interfere with the well reasoned orders of learned courts below. Finding no merit in the revision petition, the same is dismissed. (VIJENDER SINGH MALIK) JUDGE 30.09.2011 dinesh