GRAM PANCHAYAT DADAM Vs. DES RAJ

JUDGEMENT

(1.) The land comprised in Khewat No. 144 Min Khatoni No. 195 Muraba No. 108 Killa No. 4(6-8), 7(8-0), 14(8-0), 17(8-0), 5(6-8), 6(8-0), 15/1(3-16), 16/2(3-16), 8(8-0) total measuring 61 Kanal-8 Marlas is owned by Gram Panchayat Dadam, Teshsil and District Bhiwani. Des Raj respondent/plaintiff filed a suit for permanent injunction to restrain the appellant- Gram Panchayat from interfering in his possession with the averment that his possession over the suit land is as a tenant and he cannot be dispossessed by the Gram Panchayat.

(2.) Defendant-Gram Panchayat disputed the possession of plaintiff over the suit land as tenant. It has been averred that the land was being leased out from time to time to different persons. In 1985-86 it was leased to Rajmal son of Chandgi and Kurda son of Nand Ram for lease money of Rs. 325/- and Rs. 425/- respectively. In the year 1986-87 the suit land could not be leased out due to the wrong entries in the name of plaintiff. Pleadings of the parties led to the framing of following issues :-

(3.) On issue No. 1 the trial Court held the possession of plaintiff over the suit land but his plea of relationship of landlord and tenant in between the parties was declined. The findings on issues No. 2 to 5 were recorded against the defendant and suit of the plaintiff was decreed restraining the defendant- Gram Panchayat from dispossessing the plaintiff from the suit land except in due course of law.