GRAM PANCHAYAT Vs. KABAL SINGH

JUDGEMENT

(1.) THIS is Defendant's regular second appeal against the concurrent findings of fact given by both the courts below in favour of the Plaintiff -Respondent. Respondent -Plaintiff filed a suit for permanent injunction restraining the Defendant -Appellant from interfering into his peaceful possession over the land in dispute. He pleaded that he is in possession of land measuring 8 kanals 1 marla, description of which was given in para 1 of the plaint. It was further pleaded that this land had been allotted to him as a tenant by Punjab Wakf Board. In para 2 of the plaint it has been specifically stated that the Plaintiff has been paying rent to the Board regularly and he is in peaceful possession. It is further stated that since the Sarpanch of the Gram Panchayat is inimical to him, he is taking active steps to dispossess the Plaintiff.

(2.) IN the written statement filed by Appellant, Gram Panchayat stated that it had already filed a suit and the same is fixed in the court of Sub Judge, Kurukshetra for 14.3.1996. The possession of the Plaintiff was also denied and controverted by the Appellant -Defendant Gram Panchayat.

(3.) WHETHER the Plaintiff has no cause of action? OPD