BHARAT DASS Vs. GRAM SABHA VILLAGE JAHAJGARH

JUDGEMENT

(1.) Bharat Dass filed the suit against Gram Sabha (defendant No. 1) and Gram Panchayat (defendant No. 2) of village Jahazgarh, alleging that Narotam Dass, the mahant of Thakarduara in village Mohammadpur Majra, became owner and muafidar of the suit-land situate within the revenue estate of Jahazgarh. After the death of Narotarn Dass in 1959, Bharat Dass being the chela of the former, succeeded him as mahant of the Thakarduara. The grievance of Bharat Dass is that of the suit-land the Gram Panchayat was wrongly entered as owner in jamabandi and that the said two defendants were unlawfully interfering with the possession thereof. Against Chanda (defendant No. 3) Bharat Dass averred that 261 kanals and 6 marlas of suit land was leased out to Chanda by Narotam Dass. After the expiry of the lease, Chanda held over. Not only that, he repudiated the lease and attorned to the Gram Panchayat aforesaid. Accordingly, it was pleaded that if Chanda was found to be in possession of any part of the suit-land a decree for possession against him be passed.

(2.) The Gram Sabha and the Gram Panchayat denied that Bharat Dass was chela of Narotam Dass and that Narotam Dass was the owner and muafidar of the land in question. They claimed that the land had vested in them. As such, the entries in the jamabandi were correctly made by the revenue authorities. Lastly, they pleaded that they were in possession of the land through their tenants including Chanda defendant.

(3.) As regards Chanda, he made common cause with the other two defendants and claimed that he had throughout held the land as a tenant under them.