AMI CHAND Vs. GRAM PANCHAYAT CHAHARWAL

JUDGEMENT

(1.) Suit filed by the plaintiff was dismissed by the trial court vide judgment and decree dated 19.05.2014. Appeal preferred against the said decree failed and was accordingly dismissed by the first appellate court vide judgment and decree dated 31.05.2014. That is how, the plaintiff is before court, in this regular second appeal. Parties to the lis, hereinafter, would be referred to by their original positions in the suit.

(2.) In a suit filed by the plaintiff, he prayed for a decree for injunction, restraining the defendant from interfering in his actual physical possession over the plot marked by letters ABCD, shown in the red colour, consisting of two shops and an open space. In short, it was pleaded that the plaintiff was the owner in possession of the suit property and had built two pucca shops in the suit land about 40 years ago. Defendant- Gram Panchayat was purported to have no right, title or interest in the suit land but since the peaceful possession of the plaintiff was threatened and the defendant was contemplating to alienate and auction the same, thus, the suit.

(3.) In defence, it was maintained that the suit property was owned by the Gram Panchayat, which consisted of two shops i.e. shops No.1 and 2. Further, defendant-Gram Panchayat had been leasing out the said shops since the very beginning by passing necessary resolutions. Possession of the plaintiff over the suit land was specifically denied and it was maintained that he had no right title or interest therein.