SUKH DEV Vs. GRAM PANCHAYAT SARDHAN

JUDGEMENT

(1.) This second appeal is directed against the concurrent decisions of the Courts below dismissing the plaintiff's suit.

(2.) The plaintiffs filed the present suit for a declaration that they were the owners and occupants of the land and the order of the Consolidation Officer reserving the said land for the common purpose of the village was illegal and ultra vires. On that basis, they claimed that the Panchayat had no business to interfere in the occupation of the plaintiffs. The suit was contested by the Gram Panchayat. They maintained that the suit land was village shamilat meant for the common usage of the villagers. On the pleadings of the parties, the following issues were framed :-

(3.) The trial Court dismissed the suit holding that the plaintiffs were not the owners of the land in suit though they were in possession thereof, that the order of the Settlement Officer dated 13th February, 1961, was legal and valid, and that the jurisdiction of the civil Court was not barred. An appeal against this decision by the plaintiffs met with no success. The plaintiffs have come up in second appeal to this Court.