GRAM PANCHAYAT, WAZIRPUR Vs. BISHAMBER DAYAL AND ORS

JUDGEMENT

(1.) Suit filed by the plaintiff was decreed by the trial Court vide judgment and decree dated 27.01.2012. Appeal preferred against the said decree failed and was, accordingly, dismissed on 07.03.2013. This is how, defendant No.1 is before this Court, in this Regular Second Appeal. Parties to the lis, hereinafter, would be referred to by their original positions in the suit.

(2.) In short, plaintiff (Bishamber Dayal) claimed a decree for possession with consequential relief of mandatory injunction that the encroachment over the plot in question, measuring 0 kanal 5 marlas, comprised in Khewat No. 249, Khatoni No.266, situated in Village Mewka, Tehsil and District Gurgaon be removed and defendants No.2 and 3, who had illegally trespassed into the vacant area of Plot No.84, be ordered to hand over the possession to the plaintiff. It was averred that plaintiff happened to be owner of land measuring 5 marlas, situated in Village Mewka, pursuant to a sale deed dated 10.08.2004, executed by Sardar, Anwar and Akhtar sons of Badlu. At that time, the said plot was vacant. Subsequently, on a demarcation that was carried out at the instance of the plaintiff, it was found that a Harijan Chaupal, measuring 27.5 feet x 37.5 feet was erected in Khasra No.84. Remaining land was alleged to be in unauthorised possession of Rattan Singh and Karan Singh sons of Ami Lal. As despite requests, defendants failed to remove the encroachment, thus, the suit.

(3.) In defence, defendant No.1 maintained that as there was no Chaupal for Scheduled Castes and Backward Classes in Village Mewka, therefore, in the year 1980, Badlu father of Sardar, Anwar and Akhtar, came forward and offered Plot No.84, for construction of a Chaupal. Money collected by the villagers was utilized for construction. Villagers were assured by Badlu to get the gift deed registered in their favour over the suit land. Chaupal was constructed and completed in the presence of Badlu and the then Deputy Speaker, Haryana inaugurated the same in a public meeting in the year 1981. However, subsequently, Badlu died without making any gift deed as regards the suit land and his sons sold the same to the plaintiff in the year 2004. It was pleaded that defendant No.1 had become owner of the plot in question on account of having constructed a Chaupal and the same was being used by the villagers for common purposes.