JASWANT SINGH Vs. CHIEF MUNICIPAL OFFICER

JUDGEMENT

(1.) THE appellants had filed a Civil Suit No. 44-A/86, in the Court of IIIrd Civil Judge, Class II, Bhind for declaration of title and permanent injunction on the ground that he is in adverse possession of the disputed land and also on the strength of a lease deed, granted by erstwhile Gram Panchayat of village in his favour. The respondent contested the suit on the ground that the disputed land is a Govt. land and therefore, the Panchayat had no right to transfer the land in favour of appellants. The suit was dismissed by judgment dated 9-1-92, by the Trial Court against which, a Civil Appeal No. 18-A/92 was filed which was also decided by the impugned order.

(2.) THIS second appeal has been admitted on the following substantial question of law: (i) Whether, the plaintiffs who are in possession of the suit property can on their strength of possession, resist interference from the defendant who has no better title than the plaintiff ?

(3.) BEFORE adverting to consider substantial question of law, it is necessary to look into the nature of the property and the evidence regarding possession thereof. Plaintiff Sughar Singh (P. W. 1), in para 11 of this cross-examination, has admitted that previously, the State land was under the management of Panchayat and now Municipality has succeeded in place of Panchayat as managing agency for the purpose of the suit land which is in the nature of Govt. Gadhi (State fortress ). Jagannath (P. W. 2) confirmed that municipality had come into existence some five to seven years before. He has also admitted that the disputed land is part of Govt. Gadhi.