GRAM PANCHAYAT, JAKHOLI Vs. BANWARI

JUDGEMENT

(1.) Three connected appeals are proposed to be decided together as all are arising out of same set of facts involving the identical issues. However, for the facility of reference, facts are being culled out from RSA No. 2252 of 1990. Briefly put, facts of the case are that the appellant-Gram Panchayat filed a suit for injunction on the ground that the defendants were in unauthorised possession over the suit land. Ejectment application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961, ('VCL Act' for short), titled as Gram Panchayat v. Nafe Singh and others was allowed by the Assistant Collector, 1st Grade, Kaithal, vide order dated 25.7.1983 and the appeal filed by the defendants was also dismissed by the Collector vide order dated 23.1.1984. It was further pleaded case of the appellant-Gram Panchayat that in compliance of the ejectment orders, possession of the suit land was obtained on 28.11.1983, vide Report No. 117 entered in the Daily Diary by the Patwari.

(2.) Upon notice, the defendants appeared and filed their written statement controverting the assertion made by the plaintiff-appellant, raising many preliminary objections including about the maintainability of the suit. Defendants claimed that they were continuing in cultivating possession on the suit land and have sown their crops of cotton, jawar etc., which were standing in the fields. They planted numerous trees in the land and they also dug the tubewells. It was also pleaded that a similar suit was already pending filed by Nafe Singh etc. against this very Gram Panchayat Jakholi. The learned Civil Court vide its order dated 24.12.1983 rejected the plaint of Nafe Singh etc. on the ground that it had no jurisdiction. Appeal was filed, which was accepted by the learned Additional District Judge, Kurukshetra vide its order dated 4.4.1984 holding that the suit land does not vest in the Gram Panchayat. The possession of the suit land was still with the defendants and the Daily Dairy Report No. 117 dated 28.11.1983 was manipulated document. It was further asserted that nobody had gone to the spot to take the possession of the suit land from the defendants.

(3.) On completion of pleadings of the parties, following issues were framed by the learned trial Court:-