SARDARA SINGH Vs. B.D.P.O.

JUDGEMENT

(1.) THIS is a Civil Revision and has been directed against the order dated 6.4.1999 passed by the learned Additional District Judge, Ludhiana, who dismissed the appeal of the petitioner by affirming the order dated 4.11.1996 passed by the Court of Civil Judge, who dismissed the application of the petitioner Shri Sardara Singh son of Shri Dalip Singh under Order 39 Rules 1 and 2 C.P.C.

(2.) SOME facts can be noticed in the following manner. The suit was instituted by Sardara Singh against the Director Panchayat and Rural Development and the B.D.P.O., Sidhwan Bet Block and he sought permanent injunction restraining them from dispossessing or interfering in any way in his peaceful and cultivating possession of the suit land. According to the plaintiff he is in possession of the suit land measuring 72 Kanals since 1981 and the property in dispute was the ownership of Jumla Mustarka Malkan and the plaintiff was also a co-sharer and the defendants have no concern with the suit land and moreover, the same does not belong to the Gram Panchayat. Gram Panchayat filed a writ under Article 226 of the Constitution of India in the High Court against the order dated 3.5.1995 of Addl. Director of Consolidation but the same was dismissed on 16.8.1995. Defendant No. 2 is raising the threat to interfere in the possession of the plaintiff by giving the suit land on lease by auction. Notice under Section 80 C.P.C was also given and the defendants were called upon not to interfere in the possession but to no effect. Hence the suit.

(3.) ON merits, the stand of the defendants was that plaintiff was not in lawful possession of the suit land. His possession is illegal because the suit land was duly auctioned by the Gram Panchayat for the year 1993-94 and it was given on lease to Shri Ranjit Singh for one year against consideration of Rs. 30,000/-. The plaintiff was not in possession of the suit land because in the year 1985, eucalyptus trees were planted in the suit land and thereafter given on lease to Shri Sikandar Singh for three years and that Dalip Singh father of Sardara Singh plaintiff also gave the approval regarding the auction of the land for the year 1993-94. The suit property was the ownership of Zumla Mustarka Malkan. The plaintiff is not co-sharer. It was the stand of the defendant that the Gram Panchayat had all the rights on the Zumla Mustarka Malkan land except for selling and the Gram Panchayat was entitled to take care of the said land and is further entitled to use it for the betterment of the village.