INDER SINGH Vs. GURDEV SINGH

JUDGEMENT

(1.) THIS Regular Second Appeal has been filed by the plaintiffs against the judgments and decrees of the Courts below, whereby the suit filed by the plaintiffs was dismissed by the Trial Court and the appeal filed by them was also dismissed by the learned Additional District Judge.

(2.) FACTS in brief are that the plaintiffs had filed a suit for permanent injunction against the defendants restraining them from taking forcible possession of the property in dispute measuring 4 kanals 18 marlas from the plaintiffs. It was alleged that the plaintiffs were proprietors of the village and that the residents of the village were in possession of their respective portions of the land, which was Makbooja Bashindgan Deh. It was alleged that the plaintiffs were in possession of the suit property since the time of their ancestors. It was further alleged that the defendants had no connection, whatsoever with the suit land but they forcibly wanted to dispossess the plaintiffs from the suit land. Accordingly, it was prayed that the defendants be restrained from interfering in the possession of the plaintiffs over the suit land forcibly as the plaintiffs were the owners in possession of the suit land. The suit was contested by Gurdev Singh defendant, who filed the written statement alleging therein that the suit land was Bashindgan Deh and vested in the Gram Panchayat, who was the owner thereof and was managing the said land. It was denied that the plaintiffs were the owners of the said land. It was alleged that various persons named in the written statement were in possession of the suit land and had installed their Guharas etc. thereon. It was alleged that the plaintiffs wanted to take forcible possession of this land and they were restrained from doing so by the Gram Panchayat. It was alleged that Gurdev Singh defendant is the Sarpanch of the Gram Panchayat whereas Senhsi Singh defendant was a member of the Gram Panchayat. It was alleged that the plaintiffs could not file the suit against the Gram Panchayat. They had filed the present suit against the defendants in their individual capacity. It was alleged that Inder Singh plaintiff was previously a member of the Panchayat and remained Sarpanch of the village for 10 or 11 years and during this period he got some entries made in the revenue record falsely. Accordingly, it was prayed that the suit be dismissed. In the replication, the plaintiffs controverted the allegations contained in the written statement.

(3.) I have heard the learned counsel for the parties and have gone through the record carefully.