MANMOHAN KUMAR Vs. GRAM PANCHAYAT JHINJRI

JUDGEMENT

(1.) The plaintiff-appellant has assailed the correctness of concurrent findings of fact arrived at by the courts below while dismissing his suit for grant of decree of permanent injunction restraining the defendants from interfering in his peaceful possession over land comprised in khasra no.450 and 303 situated in village Jhinjri, Tehsil Anandpur Sahib, District Rupnagar. The plaintiff also prayed for a decree of possession in the alternative.

(2.) The defendant-Gram Panchayat contessted the suit while claiming that the land in dispute is shamlat deh, reserved for common purpose. It has been asserted that the land in dispute is reserved as grazing ground. Both the courts as noticed above have dismissed the suit.

(3.) After having heard learned counsel for the appellant at length, this Court is of the considered opinion that the suit is an abuse of the process of law. It is not in dispute that the plaintiff's father had filed a petition under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 before the Collector. All the authorities decided against the plaintiff's father, who further challenged the correctness of the aforesaid orders before the High Court. A Division Bench while disposing of CWP-20626-2014 on 18.11.2015 (Ex D3), held as under:-