GANGA DUTT & ANOTHER Vs. DALIP AND OTHERS

JUDGEMENT

(1.) Plaintiffs in the suit before the court below and petitioners herein, on the basis of their alleged possession filed a suit for seeking a decree of declaration of being owner in possession, wherein an application for ad-interim injunction under Order XXXIX Rules 1 and 2 CPC had also been filed which was allowed by the lower court. The lower court observed that since they were in possession of the land, could be dispossessed only in due course of law. When the matter was evaluated and appraised further by the first Appellate Court where an appeal had been preferred by the State of Haryana as also by others, it was found that the plaintiffs had merely been using the vacant Government land as at times they had been tying and tethering their cattle-heads there.

(2.) There is no dispute that the suit property is Shamlat Deh and is reserved for common purposes and thus is a public land. There is right, title or interest of petitioners-plaintiffs therein. It cannot be appropriated to individual user by any proprietor or resident of the village.

(3.) From the perusal of the paper book, it is revealed that development work is going on in the village with the funds made available by the Government and a Harijan Chopal is also under construction at the site. There is clear finding of the first Appellate Court that the petitionersplaintiffs using their muscle power want to forcibly grab the suit property thus, halting the development work of the village.