DARVINDERPAL SINGH Vs. BANTA SINGH

JUDGEMENT

(1.) THE Plaintiff has filed a suit for declaration challenging the notice dated 18.11.2008 (Annexure P -1), whereby the Plaintiff has been informed that he should vacate the panchayat land by 24.11.2008 and in case he did not vacate the panchayat land by the given date, legal proceedings shall be taken against him. Along with the suit, Plaintiff filed an application under Order 39 Rule 1 and 2 of the Code of Civil Procedure for interim injunction. The trial Court vide order dated 3.2.2010 dismissed the application for interim injunction. Appeal filed by the Plaintiff against the said order was dismissed by the Additional District Judge vide order dated 7.2.2011. Hence, the present petition by the Plaintiff.

(2.) AFTER hearing the learned Counsel for the Petitioner, I am of the opinion that the present petition deserves to be dismissed. The dispute relates to khasra No. 21//1/2(0 -4). Demarcation was got conducted by the panchayat and as per the report dated 7.11.2006, it was found that the land was in illegal possession of the nephews of the Defendant. However, thereafter, another demarcation was got done on 6.7.2008 in the presence of the parties and it was opined by the Local Commissioner that the suit land was in illegal possession of the Plaintiff. The suit land is described as gair mumkin rasta in jamabandi for the year 2005 -06. The land is described to be owned by panchayat deh. Since, the Plaintiff has been found in illegal possession of the passage, no ground for grant of interim injunction to the Plaintiff is made out. The passage in question is to be used by the public at large.