GRAM PANCHAYAT DARBI Vs. NARENDER SINGH

JUDGEMENT

(1.) THIS regular Second appeal has been filed by the defendant- Gram Panchayat against the judgments and decrees of the Courts below, whereby the suit filed by the plaintiffs was decreed by the Trial Court and the appeal filed by the defendant-Gram Panchayat, was dismissed by the learned Additional District Judge.

(2.) THE facts in brief are that the plaintiffs filed a suit for possession, in respect of the agricultural land measuring 110 kanals, 8 marlas, described in the heading of the plaint. It was alleged that Satnam Singh, plaintiff and the predecessors-in-interest of the other plaintiffs, were co-sharers in the Shamlat Deh, Darbi. It was alleged that in the year 1946, Shamlat Deh land was partitioned between co-sharers and that the partition proceedings were pending before the Revenue Officer and before the instrument of partition could be drawn, the Muslim co-sharers left for Pakistan (during partition) and as such the mutation, after partition could not be sanctioned. It was alleged that the share belonging to the Muslim co-sharers was declared evacuee property and was allotted to various displaced persons. It was alleged that plaintiff, Satnam Singh and the predecessors-in-interest of the other plaintiffs, filed a suit for declaration that they were the owners in possession of 21 Bighas and 1 Biswa of land. It was alleged that the said suit was decreed by the Trial Court on 15.3.1961. It was alleged that the mutation in respect of the said Civil Court decree, could not be sanctioned because the consolidation proceedings were pending. It was alleged that after consolidation, the plaintiffs were entitled to land measuring 110 kanals, 8 marlas, which was given in lieu of the old khasra numbers, during consolidation proceedings. It was accordingly prayed that a decree of possession be passed in favour of the plaintiffs.

(3.) AFTER hearing both sides and after perusing the record, the learned Trial Court, decreed the suit of the plaintiffs for possession of the suit land measuring 110 kanals, 8 marlas, declaring them the owners of the suit land. The appeal filed by the defendant-Gram Panchayat was dismissed by the learned Additional District Judge, upholding the judgment and decree of the Trial Court. Aggrieved against the same, the defendant-Gram Panchayat, filed the present regular second appeal, in this Court.