DIWAN SINGH Vs. VAN PANCHAYAT GULAM PARGHAR

JUDGEMENT

(1.) Present second appeal has been preferred against the judgment and decree dated 14.06.2004, passed by the District Judge, Bageshwar in Civil Appeal no. 4 of 2004, whereby the first appellate court has allowed the appeal of plaintiff/respondent and set aside the judgment and decree dated 14.05.2004 passed by the learned trial court whereby the original suit no. 46 of 1993 filed by the plaintiff/respondent was dismissed.

(2.) Brief facts of the case are that plaintiff/respondent filed Original Suit no. 43 of 1993, Van Panchayat Gulam Pargarh vs. Diwan Singh and others with the averments that Gulam Pargarh Van Panchayat was constituted by the Commissioner, Kumaon Mandal Nainital and Nain Giri was the president of Van Panchayat Gulam Pargarh. It is contended that the aforesaid Van Panchayat was constituted in the year 1949 and the map of Schedule A is the part of the plaint. In the map, the panchayat land has been shown with red colour. The plaintiff is doing management of van panchayat and in possession of the property in dispute. On 08.08.1993, the defendants demolished the wall of disputed property i.e. compartment no. 8 and on restraining them, they quarreled with the plaintiff, therefore suit for injunction was filed.

(3.) The suit was contested by defendant nos. 1 to 4. They filed their written statement and contended that in the year 1952, van panchayat was constituted by the Commissioner, Kumaon Mandal. The suit was filed to describe the property in dispute on the basis of the map of schedule A and the location of the disputed property has been mentioned in it. It is also contended that averments of the plaint are vague. It is also contended that there is boundary dispute of two villages and suit cannot be maintained to ascertain the boundaries of two villages in regard to van panchayat land.