TARSEM KUMAR Vs. PANCHAYAT SAMITI

JUDGEMENT

(1.) THE plaintiffs are in appeal. The plaintiffs originally filed a suit for permanent injunction to the effect that they are owners in possession of the suit land measuring 6 kanals 11 marlas as detailed in the plaint. It was claimed that Tarsem Kumar and Om Parkash plaintiffs are real brothers. They purchased 2 kanals 12 marlas of land vide registered sale deed dated March 21, 1972 from Hari Singh. Similarly, another piece of land measuring 2 kanals 10 marlas, comprised in the suit land was purchased by them from Santa Singh vide registered sale deed dated March 15, 1972. The 3rd piece of land measuring 9 marlas was purchased by them from Hari Singh vide registered sale deed dated July 16, 1972 and again the 4th piece of land measuring 17 marlas was purchased by them from Hari Singh through another registered sale deed dated June 16, 1972. In this manner, the plaintiffs claimed that they the owners in possession of the total land measuring 6 kanals 8 marlas. Mutations were duly entered in their names and they were also delivered the possession. After the sanction of the mutation, their names were duly reflected as owners in possession and the aforesaid fact was recorded in the jamabandi (Ex.P7). The plaintiffs claimed that since defendant-Panchayat Samiti was trying to forcibly encroach upon an area which was owned by the plaintiffs and wanted to raise construction of a boundary wall on their land, therefore, the suit was filed.

(2.) THE plaintiffs claimed ad-interim injunction during the pendency of the suit restraining the defendants not to raise the construction. However, the ad-interim injunction was not granted to them and, therefore, they raised the construction of the boundary wall on the said land.

(3.) THE defendants contested the suit. It was claimed by them that vide notification issued under section 4 of the Land Acquisition Act on December 6, 1966, land measuring 18 kanals 16 marlas comprised in khasra Nos. 679/1, 679/2 and 679/3 measuring 18 kanals 16 marlas was intended to be acquired. Consequently a notification under section 6 of the Act was issued on March 24, 1969 and the land was actually acquired. An award dated August 8, 1969 was passed by the learned Land Acquisition Collector whereby the original owners Hari Singh and Santa Singh had received the compensation and, therefore, the defendants were in possession of the land which had been acquired and the plaintiffs had no right to claim the ownership or the possession of the suit land.