GRAM PANCHAYAT NOSHERA Vs. DILAWAR KHAN AND ORS.

JUDGEMENT

(1.) BY filing the present petition under Article 227 of the Constitution, Defendant No. 1 -Petitioner has prayed for setting aside the impugned order dated 12.2.2011 (P.1) passed by the learned Additional Civil Judge (Sr. Division), Nuh whereby the application under Order 39 Rules 1 and 2 Code of Civil Procedure of the Plaintiff -Respondent No. 1 was allowed; and also the order dated 23.2.2011 (P.2) passed by the learned Additional District Judge, Nuh dismissing the appeal filed by the Petitioner as well as Defendant -Respondent No. 5.

(2.) BRIEF facts of the case are that Dilawar Singh -Plaintiff/Respondent No. 1 filed a suit for permanent injunction against the Petitioner and Defendants -Respondent Nos. 2 to 5. Along with the suit, an application under Order 39 Rules 1 and 2 Code of Civil Procedure read with Section 151 Code of Civil Procedure was also filed and upon notice the application was opposed by Defendant -Respondent No. 5. After hearing both the sides, learned trial Court allowed the same vide the impugned order dated 12.2.2011 (P.1). Aggrieved against the injunction order dated 12.2.2011, two separate appeals i.e one Civil Appeal No. 25/11 was filed by the Gram Panchayat -present Petitioner and C.M.A No. 431/2010 was filed by Azam -Respondent No. 5, which came up for hearing before the learned Additional District Judge, Nuh but both the appeals were dismissed vide the common impugned judgment dated 23.2.2011, hence the present revision petition.

(3.) LEARNED Counsel for the Petitioner submits that the Gram Panchayat had leased out the pond in favour of Defendant -Respondent No. 5 for a period of three years from 6.10.2010 to 5.10.2010 for a sum of Rs. 1,10,000/ - and the Plaintiff -Respondent No. 1 is having no concern with the pond in question and in fact it is the Ex -Sarpanch/Defendant -Respondent No. 2, who had connived with the Plaintiff -Respondent No. 1 and issued a forged receipt in the name of Plaintiff by causing a wrongful loss to the Gram Panchayat and in this regard, an inquiry was conducted by the SDM, Nuh wherein Defendant -Respondent No. 2 was found guilty and he was suspended from the post of Sarpanch of Gram Panchayat Noshera. Therefore, the alleged auction/lease deed dated 9.1.2010 in favour of the Plaintiff -Respondent No. 1 for the period of 3 years from 9.1.2010 to 8.1.2013 is illegal, null and void and both the Courts below have wrongly granted injunction in favour of the Plaintiff -Respondent No. 1. Hence, the impugned orders are not sustainable and liable to be set aside.