RAM KARAN AND ORS. Vs. MAHINDER AND ORS.

JUDGEMENT

(1.) Ram Karan, his brother Karam Chand and Barat Pal filed a suit for permanent injunction against the Defendant-Respondents, wherein it was prayed that the chowk in front of their house is integral part of their house and the Defendant-Respondents be restrained from interfering in the same. In the plaint, it is stated that in front of the house, there is no permanent chowk, rather a temporary chowk is being used by the Plaintiff-Appellants for tethering the cattle and parking their rehras (bullock cart) and the same was also used for sleeping and sitting. It is further stated that area of the chowk was purchased by the Plaintiff-Appellants from the Gram Panchayat by paying Rs. 210/- and the Gram Panchayat had passed a resolution to this effect on 10.3.1964. To explain it, it was pleaded that earlier the Plaintiff-Appellants had filed a suit for possession against the Gram Panchayat and a compromise was effected and in lieu of that the payment was made and thereafter the Gram Panchayat passed the resolution. The case set up by the Plaintiff-Appellants is that on 14.6.1985, the Defendant-Respondents came and left a threat that they intended to take forcible possession of the chowk, therefore, the cause of action arose them to file the suit.

(2.) Notice was issued. In the written statement filed, a preliminary objection was taken by the Defendant-Respondents that the land in dispute was shamlat deh, therefore, the civil court had got no jurisdiction to try the suit under Section 13 of the Punjab Village Common Land Regulation Act, 1961. Further it was averred that the Gram Panchayat, being a necessary party, was not impleaded. Furthermore, in the rough site plan attached, the description of the property given was wrong and did not tally with the numbers given in the earlier suit.

(3.) The trial Court after completion of the pleadings, formulated the following is sues: