MANUSHYA SWAJATI KALYAN DHARAM SAMAJ SOCIETY Vs. GRAM PANCHAYAT OF VILLAGE KHERA SARAI ALIAS BAMNI KHERA

JUDGEMENT

(1.) THIS appeal has been filed by the appellant against the judgment and decree dated 28.7.1980 vide which learned lower appellate Court partly accepted the appeal and affirmed the decree under appeal passed by the learned trial Court vide judgment dated 29.11.1979 with the addition that the defendant-Gram Panchayat shall have to manage the suit land and to dispossess the plaintiff (appellant herein) therefrom in exercise of the powers vested in it under Rule 16(ii) of the Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules, 1949 in due course of law.

(2.) BRIEFLY stated, the facts are that the plaintiff-appellant had filed a suit claiming itself to be owner in possession of agricultural land measuring 26 kanals 15 marlas comprised in khewat khatoni No. 466/604 Min. and 606 Rect. No. 16 situated with the revenue estate of Village Khera Sarai. The plaintiff had purchased the said land from the previous owners who were Mustarka Jumla Malkan of the said village vide registered sale deed dated 5.10.1972 for a sum of Rs. 6,000/-. The mutation No. 26212 dated 15.5.1974 was also sanctioned in favour of the plaintiff.

(3.) THE defendants resisted the suit by pleading that the possession of the plaintiff-appellant in the suit land was illegal and unlawful as the suit land was previously the property of Mushtarka Jumla Malkan, which had now been vested in the Gram Panchayat. Further, as the vendors had no right to sell the suit land, the sale deed in favour of the plaintiff was illegal. The order passed by Assistant Collector was legal and valid. The jurisdiction of the Civil Court to try the suit was also challenged and the plaintiff had no locus standi to file the suit. Against this, the plaintiff filed replication controverting the wrong averments. On these pleadings, eight issues were framed.