DEVI SINGH Vs. GRAM PANCHAYAT AND ORS

JUDGEMENT

(1.) Plaintiff is in second appeal against the judgment and decree of First Appellate Court dated 21.11.2007 by which judgment and decree of the trial Court dated 07.04.2005 has been reversed.

(2.) Plaintiff filed a suit for declaration that he is the auction-purchaser of Khair trees vide resolution dated 23.7.1975 passed by Gram Panchayat of Village Kharkan Tehsil and District Hoshiarpur over the land measuring 18273 kanals 10 marlas situated in village Kharkan Hadbast No. 502 as per jamabandi for the year 1993-94 and that the subsequent auction of Khair trees from the aforesaid land by the Gram Panchayat in favour of defendants No. 2 and 3 on 10.1.2000 is illegal and also prayed for permanent injunction restraining defendant No. 2 from cutting and removing khair trees from the aforesaid land. The plaintiff has alleged that vide resolution dated 23.7.1975, he was the highest bidder for a sum of Rs. 13/- per foot in girth and had deposited Rs. 500/- towards earnest money. However, due to Government instructions, trees could not be cut or removed for 10 years. Recently, it came to his notice that defendant No. 1 has auctioned certain trees to defendant No. 3 on 10.1.2000 over looking his claim. Hence the suit. On notice, the defendants appeared through their counsels but the suit was only contested by defendant No. 1 as defendants No. 2 and 3 did not contest the same. In the written statement, besides taking other preliminary objections, it was alleged that the suit is hopelessly time barred. On merits, it was pleaded that the property measuring 18273 kanals 10 marlas is owned and possessed by defendant Rs. having khair trees of a value more than Rs. 2 crores. The bid of the plaintiff, in the year 1975, was admitted but it was alleged that by resolution dated 20.11.1976, plaintiff was given 15 days notice to get the necessary permission to cut the trees, whichever came under the area falling under Section 5 of the Forest Act, 1927 (for short 'the Act'). It was also pleaded that defendant No. 1 is not bound by the auction dated 23.7.1975 for all times to come. Defendant No. 1 has claimed that auction dated 10.1.2000 is well in accordance with law in which defendant No. 3 has given the highest bid of Rs. 1,46,00,100/-.

(3.) On the pleadings of the parties, following issues were framed: