GRAM PANCHAYAT, MOHRI Vs. RAJPAL

JUDGEMENT

(1.) Vide order dated 21.7.2003, this Court deferred the hearing of Regular Second Appeals No. 2660 of 2002, 2691 of 2002 and 2692 of 2002 till the judgment in the writ petition challenging the vires of Act 13 of 1996 was pronounced by the Court. Inasmuch as Civil Writ Petition No. 4816 of 1996 was disposed of on 7.4.2010, these appeals were revived for hearing. Accordingly, all the three applications filed in these three RSAs are allowed.

(2.) All these three appeals have arisen out of the same set of facts. Very same relief has been sought for by the respondents. Same set of defence has been set up by the appellant. Similar issues have arisen for determination. Therefore, this Court has taken up all the three appeals together for common disposal.

(3.) Appellant-Gram Panchayat, Mohri, Block Radaur, Tehsil Jagadhri, District Yamunanagar, suffered a decree for delivery of possession before both the Courts below. Hence, the present second appeals by the Gram Panchayat.