RAWAT SINGH Vs. GRAM PANCHAYAT SAHUWAS

JUDGEMENT

(1.) Plaintiffs Rawat Singh, Meer Singh and Kuldeep, all three sons of Subh Ram had instituted against the Gram Panchayat of Village Sahuwas a suit for permanent injunction restraining the defendants from dispossessing them from land measuring 16K-0M in Mustil/Killa No.40//6(8-0), 15(8-0) Khewat No.286, Khatoni No.323, 333 as per jamabandi for the year 2005-06 situated in village Sahuwas, Tehsil Charkhi Dadri. The claim is based on the averments that the suit land was being cultivated by the father of the plaintiffs since time spanning above 50 years and the revenue record reflects it so and threatened over the acts of the respondent Gram Panchayat that they wish to carve out plots for the families of Below Poverty Line (BPL), had led to institution of suit in question.

(2.) Respondents in their stand took the plea that the land falls under the definition of Shamlat Deh and is the ownership of the Gram Panchayat to which the plaintiffs have no right, title or interest. The trial Court framed the following issues:-

(3.) The plaintiffs examined one of them as PW-1 through his affidavit Ex.PW1/A and examined PW-2 Baljeet Panch who filed his affidavit Ex.PW2/A followed by testimony of PW-3 Ram Mehar through his affidavit Ex.PW3/A to similar effect. After tendering documents of revenue record Ex.P1 to Ex.P7, the plaintiffs closed their evidence.