LAWS(P&H)-2011-1-311

AMAR SINGH Vs. ADDITIONAL DIRECTORAND ORS.

Decided On January 18, 2011
AMAR SINGH Appellant
V/S
Additional Directorand Ors. Respondents

JUDGEMENT

(1.) CM No. 15817 of 2010

(2.) IN view of the averments made in the application, legal heirs of Amar Singh, Petitioner, are ordered to be impleaded subject to all just exceptions.

(3.) THE Petitioner has pleaded that consolidation proceedings were conducted in village Chetha Sekhwan in the year 1953 under the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948. In the said scheme, the Respondents have been provided path by carving out Pahi No. 1806, shown as ABC in Annexure P -1. Earlier, Petitioner filed a suit for injunction against Respondent No. 2 when he threatened to demolish the said path. The said suit was dismissed by the trial Court on 30.11.1972, but the appeal was accepted vide judgment and decree dated 16.01.1975. Respondent No. 2 was restrained from interfering with use of Pahi No. 1806, though a finding was returned that the Petitioner is using the other path by consent.