RAJINDER SINGH Vs. GRAM PANCHAYAT VILLAGE BHOGIPUR

JUDGEMENT

(1.) PLAINTIFFS no. 2 and 3 have filed this revision petition under Article 227 of the Constitution of India impugning order dated 09.04.2012 (Annexure P -11) passed by the trial court and judgment dated 07.05.2012 (Annexure P -12) passed by the lower appellate court, thereby declining temporary injunction to the plaintiffs (petitioners and their brother Sahab Singh -plaintiff no. 1/respondent no. 2). Case of the plaintiffs is that they are owners as well as in possession of the suit land and respondent no. 1/defendant -Gram Panchayat has no right, title or interest in the suit land, but the defendant threatened to dispossess the plaintiffs from the suit land. Accordingly, plaintiffs sought declaration that they are owners in possession of the suit land and defendant has no concern therewith. Plaintiffs also claimed permanent injunction restraining the defendant from interfering in ownership and possession of the plaintiffs over the suit land in any manner. Temporary injunction to the same effect during pendency of the suit was also claimed by the plaintiffs.

(2.) THE defendant, by filing written statement and reply, resisted the suit and the application for temporary injunction and pleaded that defendant is owner of the suit land, which was previously in possession of Devak Ram Dholidar, who sold his Dholi rights to defendant vide sale deed dated 21.06.2005. Since then, defendant is owner in possession of the suit land and has been leasing it out every year to highest bidder. Before filing of the suit, the suit land was lastly leased out on 14.05.2010 to plaintiff no. 1 for one year from 14.05.2010 till 13.05.2011 and accordingly, since after 13.05.2011, plaintiffs are in illegal possession of the suit land.

(3.) COUNSEL for the petitioners vehemently contended that earlier, father of the plaintiffs was in possession of the suit land under Dholidar Chander Sukh as Gair Maurisi Doyam, as depicted in jamabandi for the year 1964 -65 and in subsequent jamabandis and after his death, plaintiffs have been recorded to be in possession of the suit land, as per jamabandi for the year 1989 -90 onwards and plaintiffs never surrendered possession of the suit land either to Dholidar or to the defendant, and therefore, plaintiffs being in continuous possession since long are entitled to temporary injunction.