KIRORI LAL Vs. RAMU

JUDGEMENT

(1.) THE petitioners, herein filed a suit in representative capacity on behalf of all the co-owners of Panna Ahiran for declaration to the effect that they were owners-in-possession of agricultural land measuring 671 Kanals 10 Marlas, fully described in para 1 of the plaint, and that the afore-mentioned land was erroneously mutated in favour of the Gram Panchayat. The consequential relief of injunction to restrain the defendants from taking forcible possession of the suit land was also prayed for.

(2.) LEARNED Civil Court held that the previous decree dated 30.1.1980 restoring mutation in favour of the Gram Panchayat could not be set aside and thus impliedly held that the mutation in relation to ownership of the land was rightly sanctioned in favour of the Gram Panchayat. It, however, found the petitioners in possession of the land and consequently passed a decree for permanent injunction restraining the defendants from dispossing the plaintiffs (including all the co-owners of Panna Ahiran) forcibly from the suit land except in due course of law.

(3.) I have heard Shri Madan Dev, learned counsel for the petitioners as well as Shri C.M. Sharma, learned counsel for the Gram Panchayat, and also perused the record.