BHAGAT RAM Vs. GRAM PANCHAYAT

JUDGEMENT

(1.) THIS Regular Second Appeal is directed by Bhagat Ram, plaintiff, against the judgment and decree dated 8.5.1980 passed by Additional District Judge, Rupnagar, whereby his appeal was dismissed and the judgment and decree of the trial Court dated 25.10.1979, whereby suit for permanent injunction was dismissed, was up-held.

(2.) BRIEFLY stated, the facts are that Gram Panchayat (Sabha), Tibba Nangal, respondent No. 1, is the owner of common land situated in Village Tibba Nangal. The Bagar grass, which had grown on some portion of the common land was sold to the appellant in an open auction for the years 1969-70, 1970-71 and 1971-72.

(3.) RESPONDENT Nos. 1 and 2 contested the suit. They stated that no amount had been paid by the appellant to respondent No. 2, Ram Ditta, Sarpanch as alleged and further the utensils were purchased with the funds provided by the villagers and not with the Panchayat funds. They denied, that the claim was time barred or recovery could not be effected as arrears of land revenue. They also stated that the suit was not properly valued for the purposes of Court fee and jurisdiction. However, respondent No. 3 did not contest the suit. Accordingly, the following issues were struck on 28.7.1977 :-