ZILE SINGH Vs. MEER SINGH

JUDGEMENT

(1.) This is a civil revision and has been directed against the order dated 15.11.2000 passed by the Additional Distt. Judge, Jhajjar, who dismissed the appeal of the petitioners U/o 43 R. 1, CPC, by affirming the order of the trial Court for the reasons given in para-5 of the impugned order, which read as under :-

(2.) The dispute in this case is with regard to khasra Nos. 13/25/1 and 13/25/2. The main grouse of the petitioners is that so far as khasra No. 13//25/1 is concerned, as per the revenue record, it is the property of Sarai Co-op. Society and, in these circumstances, the Gram Panchayat has no jurisdiction to construct the Mandir over this property. Counsel for the petitioners, in support of his contention, invites my attention to the jamabandi for the year 1996-97, which shows that khasra No. 13//25/1 is property of the Society and is in possession of the owner.

(3.) In my opinion, this document goes against the petitioners. The suit of the plaintiffs is in the representative capacity that the property in question is a property meant for common use and the defendants in collusion with the Sarpanch of the Gram Panchayat want to grab the property in dispute. The owners of khasra No. 13/25/1 have not raised a cry against the proposed action of the Gram Panchayat, nor they are party to the suit. In these circumstances, the petitioners have no legal argument to say that the Gram Panchayat and the defendants are interfering in khasra No. 13/25/1.