GRAM PANCHAYAT OF VILLAGE KARNA Vs. MAM CHAND

JUDGEMENT

(1.) DEFENDANT -Gram Panchayat is appellant before this Court and after loosing the case before the appellate Court in the appeal filed by plaintiff -Mam Chand, which was allowed by learned District Judge, Faridabad, has filed the present appeal. After the death of plaintiff -respondent No. 1 -Mam Chand, now his LRs are on record. Briefly, the facts of the case are that plaintiff -Mam Chand filed a suit for permanent injunction pleading therein that he was owner in possession of the agricultural land measuring 31 kanals situated within the revenue estate of Village Karna, District Faridabad. Prior to the filing of the present suit, the question of ownership and title was decided in earlier suit No. 442 of 1973 vide judgment dated 16.12.1975 by the Court of Sub Judge, Ist Class, Palwal. The plaintiff was declared owner in possession of the suit land by holding that the defendants were in any manner with the title of the suit property.

(2.) THE suit was contested by defendant No. 1 -Gram Panchayat by filing written statement, wherein, it was pleaded that plaintiff had no concern with the suit land and the judgment and decree dated 16.12.1975 was passed without having any jurisdiction which was null and void. The said judgment was not binding upon the rights of defendant No. 1 -Gram Panchayat. On the basis of the pleadings of the parties, the trial Court has framed the following issues in the suit: -

(3.) BEING aggrieved by judgment and decree of the trial Court dated 15.5.1985, an appeal was filed by plaintiff -Mam Chand, which was accepted vide judgment and decree dated 26.10.1985 and judgment and decree dated 15.5.1985 passed by the trial Court was set aside. It was held by the first appellate Court that the plaintiff was in continuous possession over the suit land from 1979 to 1983 as was clear from Khasra Girdawari Ex. P -4. Thereafter defendant No. 1 -Gram Panchayat being not satisfied with the judgment and decree passed by the first appellate Court approached this Court by way of filing present Regular Second Appeal, which was admitted on 6.2.1986.