GURDAWARA SHRI KALYAN SIR AMRITSAR Vs. MUNICIPAL COMMITTEE

JUDGEMENT

(1.) Defendant No. 1 - Gurdawara Shri Kalyan Sir Amritsar has filed the instant second appeal.

(2.) Suit was filed by respondent No. 1-plaintiff - Municipal Committee, Ellenabad against appellant and proforma respondents No. 2 and 3. Case of plaintiff-respondent No. 1 is that it is owner in possession of the suit land. However, defendants Nos. 2 and 3 have suffered judgment and decree dated 06.12.1989 in favour of defendant No. 1 - appellant regarding ownership and possession of the suit land. The said judgment and decree have been challenged in the suit because defendants Nos. 2 and 3 were neither owners nor in possession of the suit land and they could not transfer any title in favour of defendant No. 1 - appellant. The plaintiff alleged that 05 kanals land in khasra No. 560 vested in Gram Panchayat, Ellenabad. Gram Panchayat sold 16 marlas land out of it to different persons vide different sale deeds. Gram Panchayat was succeeded by plaintiff Municipal Committee and therefore, properties of Gram Panchayat vested in plaintiff Municipal Committee. Accordingly, plaintiff became owner in possession of the suit land, which is comprised of khasra No. 560 and is accordingly owned and possessed by the plaintiff. The decree dated 06.12.1989 is collusive among the defendants.

(3.) The defendants raised various preliminary objections. The defendants denied the plaint allegations. It was pleaded that Gram Panchayat had no concern with suit land. Defendant No. 1 has become owner in possession of the suit land by way of civil court decree dated 06.12.1989. Previously, Sardara - father of defendants Nos. 2 and 3 was owner in possession of the suit land and after his death, defendants Nos. 2 and 3 became owners in possession thereof and they suffered the aforesaid decree in favour of defendant No. 1. Gram Panchayat had filed a suit against father of defendants Nos. 2 and 3, but the said suit was dismissed by Assistant Collector 1st Grade on 03.12.1979. Father of defendants Nos. 2 and 3 became owner of the suit land vide civil court decree passed in the year 1974. Various other pleas were also raised.