SULTAN Vs. GRAM PANCHAYAT GHATAL MAHANIYAWAS

JUDGEMENT

(1.) Suit filed by the plaintiff Sultan was decreed by the learned trial Court vide judgment and decree dated 23.02.2008. Appeal preferred by defendant-Gram Panchayat succeeded and was accordingly accepted by the learned First Appellate Court vide judgment and decree dated 13.04.2010. Accordingly, judgment and decree dated 23.02.2008 was set aside and the suit of the plaintiff was dismissed. That is how, the plaintiff 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, in a suit filed by the plaintiff, he prayed for declaration that he was a permanent resident and biswedar for village Ghatal Mahaniyawas, Tehsil and District Rewari. Defendant No. 1 i.e. Gram Panchayat was a registered owner in possession of the suit property comprising in khewat No. 184, khatoni No. 195 mustatil No. 11 killas Nos. 16/1(4-18) and 16/3(1-4), measuring 6 kanal 2 marlas. It was stated that the plaintiff had constructed a house in area measuring 1 kanal 18 marlas highlighted in red colour and marked as ABCD in the site plan. Vide resolution dated 23.12.1983, it was resolved by Gram Panchayat that all the villagers who had encroached upon the panchayat land, could deposit an amount @ Rs. 15/- per square yard and in lieu thereof, panchayat would get the land registered in the name of the depositor. Pursuant to the said resolution, plaintiff purported to have deposited a sum of Rs. 17,243/- for area measuring 1 kanal 18 marlas with SDO (C) Assistant Collector, Gr.-I, Rewari. Vide another resolution dated 29.03.1992, panchayat further resolved that all those depositors who had deposited the requisite amounts, were entitled to get a decree effected qua declaration of ownership of suit property through Court. Despite the fact the plaintiffs had paid money in lieu of the area under their possession, defendants No. 1 to 3 were bent upon to demolish the house of the plaintiff. Hence the suit.

(3.) Defendants in defence asserted that the plaintiff had no right, title or interest in the suit land as no resolution was ever passed by the Gram Panchayat. Further, vide order passed by the Assistant Collector, Rewari and Collector Narnaul, plaintiff had been dispossessed of the suit land. Thus, it was maintained that the Gram Panchayat had no power to sell the suit land without sanction of the Director Panchayat, Haryana. So much so, Assistant Collector Gr.-I, Rewari, had already ordered eviction of the plaintiff from the suit land vide order dated 28.11.1980. Appeal against the said order was dismissed by Collector Narnaul, in the year 1981. Thus, the suit was liable to be dismissed.