NAHAR SINGH Vs. GRAM PANCHAYAT

JUDGEMENT

(1.) UNSUCCESSFUL plaintiff Nahar Singh has filed the present appeal and it has been directed against the judgment and decree dated 16.10.1999 passed by the Addl. District Judge, Gurgaon, who dismissed the appeal of the appellant by affirming the judgment and decree dated 18.12.1998 passed by the Civil Judge (Sr. Division) Nuh, vide which the suit of the plaintiff was dismissed.

(2.) PLAINTIFF Nahar Singh and others filed the suit in representative capacity alleging that they are owners in possession of the suit land mentioned in para No. 2 of the plaint. Defendant No. 1 Gram Panchayat of village Atta without any notice to the plaintiffs illegally got sanctioned mutation No. 464 dated 14.1.1955 in respect of the suit land on the basis of letter No. 1171 issued by defendants No. 2 and 3. On the basis of said mutation defendant No. 1 filed an ejectment petition under Section 7 of the Punjab Village Common Lands Act against the plaintiff and the Assistant Collector Ist Grade, Nuh vide order dated 12.2.1997 ejected the plaintiffs from the suit land. The appeal preferred by the plaintiff before the Collector was dismissed on 16.6.1997 and the revision preferred before the Commissioner was also dismissed on 6.10.1997. The plaintiff alleged that all the orders passed by the said authorities are illegal, invalid, without jurisdiction and against the mandatory provisions of the Punjab Village Common Lands Act and the entries in the revenue record in favour of defendant No. 2 are also fictitious. It is further alleged that on the basis of said void orders, defendant No. 1 is bent upon to take the possession of the suit land. The plaintiffs have prayed for a decree of injunction to the effect that they are owners in possession of the suit land and that the defendants have no right, title or interest in the suit land and the orders dated 12.2.1997, 16.6.1997 and 6.10.1997 passed by the revenue authorities against the plaintiffs are null and void and without jurisdiction.

(3.) THE plaintiffs filed re-joinder to the written statement in which they reiterated the allegations made in the plaint by denying those of the written statement and from the pleadings of the parties the learned trial Court framed the following issues :-