CHITTAR SINGH Vs. GRAM PANCHAYAT BARWAI

JUDGEMENT

(1.) THE facts in brief shorn of details and necessary for the disposal of this revision lie in a narrow compass; The petitioner/plaintiff had filed a civil suit No. 36A/98, in the Court of Civil Judge, Class I. Kurwai for declaration of his title and permanent injunction against respondents on the ground that Patta was granted to him by Gram Panchayat Barwai of the disputed portion of the land in the year 1977 and since than, he is residing in temporary hut erected on stone slabs on this land. The trouble started with the petitioner on account of his contesting election of Sarpanch against respondent No. 1, with the result, respondent No. 1 got a resolution No. 26 dtd. 20.8.98 and No. 45 dtd. 19.10.97 passed against the petitioner cancelling his Patta of the land and serving him with a notice to be evicted from the disputed land.

(2.) IN reply, filed on behalf of respondent No. 1, theory of grant of Patta to the petitioner, was rejected outrightly holding him trespasser on the land of Gram Panchayat. The learned trial Court by the order dtd. 19.11.98, rejected the prayer for temporary injunction of the petitioner and learned 1st Addl. Judge to Distt.Judge, Vidisha in Misc. Civil Appeal No. 35/99, by order dtd. 27.10.99, also confirmed the order of trial Court, against which, the petitioner has filed this revision.

(3.) SECTION 65 of M.P. Panchayats Act, 1962, provides that no immovable property vested in or belonging to Gram Panchayat, shall be transferred by sell, gift, mortgage or exchange or by lease for a period exceeding three years or otherwise, except with sanction of the State Government or any officer authorised by it in this behalf. Admittedly, Patta infavour of petitioner (original of which has not been filed anywhere), suggests that Patta was not granted with the sanction of State Govt. or any officer authorised in this behalf, particularly when the Patta has been granted for indefinite period. However, since Patta has been filed on behalf of petitioner and petitioner claims to be in possession since 1977 on the basis of such Patta. the effect of his continuous possession for more than 20 years has to be examined by the Court in the light of the provisions of section 65 envisaged under M.P. Panchayats Act, 1962.