RIZAK RAM Vs. RAJEEV SINGH

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 5.11.2003 which had endorsed the finding of the trial judge dated 30.10.1998 whereby the suit filed by the plaintiff Rizak Ram seeking injunction against the defendants from interfering in the suit property i.e. the part of land of Khsara No.64/47 measuring 400 sq. yards in Village Alipur, Delhi was dismissed. .

(2.) THE case of the plaintiff was that this land was Shyamlat Deh land. Contention of the Gaon Sabha was that this land was Gaon Sabha land; plaintiff having no right or title in the suit land; no injunction can be granted in his favour. On the basis of oral and documentary evidence led, the suit of the plaintiff stood dismissed. In appeal the appellate Court had endorsed this finding.

(3.) THIS definition as contained in Delhi Panchayat Raj Act, 1954 defines shamilat deh as land to be common land which is public land not to be in exclusive use of any individual or family but which is in the common use of the villagers.