SADHIR RAM Vs. GAJJU

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree of the Senior Subordinate Judge, Ambala, dated 14th February, 1963, whereby the judgment and decree of the trial Court dated 10th September, 1962, dismissing the plaintiff's suit for permanent injunction was affirmed.

(2.) The plaintiff-appellant brought the present suit against the defendants-respondents on the allegations that they had taken possession of the land which was part of the street and thereby caused obstruction to the passage to the plaintiff's bara No. 110 situated in village Sarseri, Tehsil and District Ambala. It is stated that defendant No. 1 had constructed a' house on the entire street while defendant Nos. 2 to 6 had cultivated the land under the street. The suit was resisted by the defendants and on the pleadings of the parties the learned trial Court framed the following issues :-

(3.) The land in suit is admittedly part of the Shamliat deh and vests in the village Panchayat in view of the provisions of Punjab Village Common Lands (Regulation) Act (18 of 1961). The learned trial Court took the view that a private person could not bring a suit and only the Panchayat was competent to do so. In coming to this conclusion the trial Court relied on the judgment of this Court in Lal Chand v. Arya Pritinidhi Sabha, 1962 CurLJ 454. The view taken in the above case was not accepted by the Letters Patent Bench in appeal against this judgment. The following observations in Arya Pratinidhi Sabha, Punjab, Jullundur v. Lal Chand and another,1964 PunLR 670, are relevant for the decision of this matter :-