MOHAN Vs. GRAM PANCHAYAT THROUGH ITS SECRETARY

JUDGEMENT

(1.) THIS second appeal by the unsuccessful plaintiff in O.S. No. 147/2002 on the file of Civil Judge (Senior Division) at Chktapur is directed against the concurrent judgment of the Courts below dismissing the suit filed by him for the relief of declaration and injunction. The appellant/plaintiff filed the suit for the aforesaid relief inter alia contending that the land bearing Sy. No. 111 measuring 9 acres 5 guntas situated at Kalgi village of Chittapur Taluk was owned and possessed by one Dhavji, who under registered sale deed dated 20.08.2001 sold 3 acres of land to the plaintiff and placed the plaintiff in possession of the said extent of land and that since then the plaintiff has been in peaceful possession and enjoyment of the said extent of land purchased by him. It is further alleged that defendant/respondent -Gram Panchayat having no manner of right., title or interest over the suit schedule property, is trying to interfere with the possession and is also denying his title therefore, the plaintiff sought for declaration of his title to the suit schedule property and consequential relief of injunction restraining the defendant from interfering with his peaceful possession and enjoyment of the suit schedule property.

(2.) THE suit was contested by the respondent inter alia contending that the plaintiff is not the owner of the suit schedule property nor is in possession of the same. It was further contended that some time prior to 1987 when the Government intend to construct High School building and other Government offices in Kalgi village of Chittapur Taluk and since there was no government land available for the said purpose, it requested 'the; defendant/Gram Panchayat to provide some land and on the basis of such request, the Gram Panchayat Members requested Dhavji to give 2 acres of land and accordingly Dhavji acceded to the request of the Gram Panchayat and handed over 2 acres of land to Head Master, High School Kalgi on 20.11.1987 and subsequently, in the year 1990 Dhavji gave another two acres of land for construction of Nad Tahsildar Office and other Government offices and in that regard he also executed consent deed dated 10.07.1990 with a condition that the Gram Panchayat has to take steps for grant of compensation for the entire 4 acres of land. It is further contended by the defendant that on 03.07.1990 said Dhavji made representation to the Mandal Panchayat requesting to issue no objection certificate for conversion of remaining land measuring 5 acres 5 guntas, for which Mandal Panchayat issued no objection certificate and that though the Mandal Panchayat made its efforts by writing several letters to the Government officers for taking steps to award compensation to said Dhavji, it was not immediately acceded too. Nevertheless, it was contended that as on the date of the alleged sale, Dhavji was not in possession of the suit schedule property nor on the date of the suit plaintiff was in possession. Therefore, the defendant sought for dismissal of the suit.

(3.) IN order to substantiate his contention, plaintiff examined himself as P.W. 1 and also examined his vendor Dhavji as P.W. 2. He relied on the documentary evidence marked as Exs. P1 to P13. On the other hand, Secretary of the Gram Panchayat was examined as D.W. 1 and the documentary evidence marked as Exs. D1 to D32 were relied upon by the defendant.