DEV DUTT Vs. GRAM PANCHAYAT RAMILA

JUDGEMENT

(1.) This is plaintiffs' appeal against the judgment and decree of the Courts below by which the suit for prohibitory injunction against Gram Panchayat was dismissed.

(2.) The plaintiffs filed suit for prohibitory and mandatory injunction seeking to restrain the defendant Gram Panchayat from interfering in their possession. The case set up by the plaintiffs is that one Chandgi Dass alias Chander Parkash Chela of Sham Dass was the dholidar of the suit land had been in possession as dholidar for the last about 60 years without payment of any rent. Chandgi Dass alias Chander Parkash died in the year 1969 leaving behind plaintiffs ass his successors. Plaintiff Nos. 1 to 7 are sons of Chandgi Dass. Plaintiff No. 8 is the widow whereas plaintiff Nos. 9 and 10 are the daughters of Chandgi Dass. All these persons have claimed that on the death of Chandgi Dass they have become dholidars of the suit land and have a right to continue to be in its possession without any interference from the Gram Panchayat. The plaintiffs further pleaded that the mutation sanctioned by the revenue authorities in favour of the Gram Panchayat, which order has been upheld by the appellate as well as revisional Courts, is illegal and void and does not bind the plaintiffs in any manner.

(3.) The defendant-Panchayat put in appearance, filed written statement and controverted the various averments made in the plaint. The defendant, however, admitted that Chandgi Dass Chela of Sham Dass was in possession of the land in dispute as dholidar. However, it was pleaded that since Chandgi Dass died without any Chela, dholi rights have come to an end and so have reverted to the real owners and in the instant case to the gram panchayat. This way the possession of the plaintiffs is unauthorised as the gram panchayat is well within its right to seek their eviction in terms of provisions contained in Section 7 of the Punjab Village Commons Lands (Regulations) Act, 1961 (for short 'the Act').