GRAM PANCHAYAT PALRI KHURD Vs. ISHWAR

JUDGEMENT

(1.) In the considered view of this Court, the following questions of law arise for consideration:-

(2.) The defendant/appellant-Gram Panchayat has filed the present appeal against concurrent finding of fact arrived at by the Courts below. The plaintiffs have pleaded that the land measuring 109 kanals 14 marlas is owned and possessed by the proprietors of the village and is being used for agricultural and allied purpose without interference. It was pleaded that in the revenue record, the land was recorded to be owned by the proprietors of the village and the entry was Hasab Rasad Raqba Khewat. However, subsequently, the mutation bearing No. 322 dated 26.07.1955 has been sanctioned and the land has been entered in the name of Gram Panchayat without notice to the plaintiff/proprietors of the village. The aforesaid mutation is on the basis of some communication from the government vide letter No. 782 ACH-54/305 dated 16.11.1954.

(3.) The defendant-Gram Panchayat contested the suit and pleaded that the Civil Court has no jurisdiction to try, entertain or adjudicate the suit as the land in dispute vests in the Gram Panchayat. It was claimed in the written statement that the land is shamlat deh and, hence, vests with the Gram Panchayat and is being used for various common purposes in the village.