SUGAN CHAND Vs. CIVIL PANCHAYAT

JUDGEMENT

(1.) The challenge in this appeal is the judgment and decree dated 13.12.2010 passed by Smt.Vani Gopal Sharma, Additional District Judge, Karnal filed against the judgment and decree dated 31.3.2009 passed by Mrs.Swati Sharma, Civil Judge (Junior Division), Karnal vide which the suit of the plaintiff for declaration that he is owner in possession of the suit property was dismissed.

(2.) The plaintiff had filed a suit for declaration to the effect that he is owner in possession of the land measuring 1 kanal comprised in khewat No.108 min khatauni No. 148 rect.No.138min (1-0) gair mumkin makan situated in village Dadupur Tehsil Nilokheri District Karnal as per jamabandi for the year 2000-01. It is pleaded that plaintiff is in possession of the suit property since 1963. He has raised construction over that land. Plaintiff has further pleaded that defendant has issued notice under Section 16 of the Gram Panchayat Act, 1952 on 9.2.1963 upon his father. The plaintiff previously has filed suit for permanent injunction wherein Sarpanch Nathi Ram suffered statement that he will not interfere in the possession of the plaintiff. Consequently, that suit was dismissed as withdrawn on 26.10.1998. The plaintiff is in settled possession of the suit property as owner and the title has passed from Gram Panchayat to the plaintiff on payment of auction money. Defendant is still recorded owner of the suit property. Hence this suit.

(3.) On put to notice, defendant filed written statement taking preliminary objection regarding maintainability of the suit, locus standi, jurisdiction cause of action and suppression of true and material facts,