GIAN SINGH Vs. JARNAIL SINGH

JUDGEMENT

(1.) GIAN Singh filed a suit for permanent injunction for restraining the defendants-respondents from the suit property marked ABCD in the site plan attached with the plaint on the averments that he was owner in possession of the property in dispute.

(2.) ALONGWITH the suit an application under Order 39 Rules 1 and 2 CPC was also filed. The respondents contested the suit as well as the application and pleaded that the plaintiff has encroached upon some portion of land falling in khasra No. 29 which vests in the Gram Panchayat.

(3.) SHRI Deepak Gupta, learned counsel for the petitioner submitted that the learned trial court has erroneously dismissed the application of the petitioner on surmises and conjectures. He submitted that the petitioner has planted trees in the land in dispute and respondent No. 3 who is a Member Panchayat wants to encroach upon the property of the petitioner and is alleging that the property vests in the Gram Panchayat.