BALWANT SINGH Vs. GRAM SABHA BEHRAMPUR BET

JUDGEMENT

(1.) BALBIR Singh and 7 others, residents of village Behrampur Bet, District Ropar, brought a suit against the Gram Sabha of the village through Ajmer Singh, Sarpanch of the Gram Panchayat of the said village. Karam Singh, Ram Bux and Jaimal, defendants Nos. 1 to 4, for possession of agricultural land, measuring 111 Kanals and 14 Marlas, situate in the same village by ejecting defendants Nos. 2 to 4. Their case was that the said land, was not Shamilat Deh and as such, did not vest in the Gram Panchayat. It belonged to the proprietors of the village and the defendants had taken forcible possession thereof on the ground that it had been given to them by defendant No. 1.

(2.) THE suit was contested by defendants Nos. 2 to 4, who pleaded that the said land was Shamilat Deh and vested in the Gram Panchayat, which gave the same to them on lease. Ajmer Singh, Sarpanch, however, admitted the claim of the plaintiffs on behalf of defendant No. 1, because according to him, the land belonged to the proprietary body of the village.

(3.) DURING the pendency of the suit, an application was moved under Order 1, Rule 10, Code of Civil Procedure, by Arjan Singh and 4 others, who alleged themselves to be the Panches of the Gram Panchayat, Behrampur Bet, for being added as parties to the suit. Their case was that the Sarpanch was one of the proprietors of the village and, therefore, his interests were identical with those of the plaintiffs and it was because of that reason that he had admitted their claim. The applicants' prayer was that they be allowed to defend the suit, otherwise a collusive decree would be passed.