MAHAN SINGH Vs. THE COLLECTOR, SONEPAT

JUDGEMENT

(1.) THIS appeal under Clause X of the Letters Patent is directed against judgment dated 9.3.1994 of the learned Single Judge vide which C.W.P. No. 4334 of 1980 filed by Mahan Singh and five others (appellants herein) was dismissed upholding order dated 23.9.1980 (Annexure P-2) passed by Collector, Sonepat (respondent No. 1).

(2.) GRAM Panchayat, Ahulana (respondent No. 2) filed an application before Assistant Collector Ist Grade, Gohana (hereinafter described as 'the Assistant Collector') under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short, 'the Act') with the prayer that the appellants be evicted from the piece of land where there was a Chopal known as Thola Bhitar Wala within the abadi of village Ahulana and some shamlat land situated near thereto which was kept for public purposes. The appellants contested the application of respondent No. 2 by claiming that they were in possession of the disputed land from the time of their ancestors. They further claimed that Baru Ram, father of appellant Nos. 2 to 6 and Mahan Singh - appellant No. 1 had made their enclosures on the disputed land. Earlier a kucha house was built, but later on, pucca house and enclosures were built. Besides this, there was also a 4/5 feet wide lane which exists between the Chopal and the disputed land and that respondent No. 2 had no connection therewith.

(3.) FEELING aggrieved by order Annexure P-2, the appellants filed C.W.P. No. 4334 of 1980 which was dismissed by the learned Single Judge vide order dated 9.3.1994 with the observation that judgment and decree dated 28.2.1977 passed by Sub-Judge Ist Class, Gohana (hereinafter described as 'the Sub-Judge') in Civil Suit No. 220 of 1973 - Kidara v. Baru declaring respondent No. 2 as owner in possession of the disputed land was binding on the writ petitioners (appellants herein).