KASHMIR SINGH Vs. GRAM PANCHAYAT AND ORS

JUDGEMENT

(1.) Allowed as prayed for.

(2.) Kashmir Singh-plaintiff has invoked the jurisdiction of this Court under Article 227 of the Constitution of India impugning order dated 04.05.2009 Annexure P-4 passed by learned Civil Judge (Junior Division), Sirsa thereby allowing application Annexure P-2 moved by defendant-respondent No. 1-Gram Panchayat and thereby rejecting the plaint under Order 7 Rule 11(d) of the Code of Civil Procedure (in short, CPC)

(3.) Petitioner Kashmir Singh has filed suit vide plaint Annexure P-1 impleading respondent No. 1 as defendant No. 1 and proforma respondent Nos. 2 to 4 as proforma defendants No. 2 to 4. The plaintiff sought declaration that he and proforma defendants No. 2 to 4 have become owners of the suit land measuring 7 kanals 7 marlas by adverse possession. The plaintiff alleged that they are cultivating the suit land for more than 12 years before filing of the suit as co-sharers in the capacity of tenant on 1/3rd batai. Possession of plaintiff and proforma defendants is hostile for more than 30-35 years and they are not paying any batai to defendant No. 1 and, therefore, they have become owners of the suit land by adverse possession.