GRAM PANCHAYAT BHORA KALAN Vs. KESAR DEVI

JUDGEMENT

(1.) DEFENDANT no.1 Gram Panchayat, having remained partly unsuccessful in both the courts below, is in second appeal.

(2.) RESPONDENT no.1 plaintiff Kesar Devi filed suit against appellant and respondents no.2 and 3 as contesting defendants and several other persons as proforma defendants, who are not party before this Court nor were party in the lower appellate court. The plaintiff alleged that she and proforma defendants are co-owners in joint possession of the suit land measuring 122 kanals. Defendants no.2 and 3 (officials of Haryana Vidyut Prasar Nigam), in collusion with defendant no.1, wanted to construct power house over the suit land without any right, title or interest in the suit land. Accordingly, the plaintiff sought permanent injunction restraining defendants no.1 to 3 from encroaching upon the suit land and from constructing power house thereon and from dispossessing the plaintiff and proforma defendants therefrom.

(3.) SUIT land was mutated in favour of State of Haryana, which was successfully challenged by defendant no.1 appellant. Now, defendant no.1 has given 05 acres of land out of the suit land to defendants no.2 and 3 for construction of power house. Various other pleas were also raised.