SUBHASH CHAND Vs. GRAM PANCHAYAT, BARWALA

JUDGEMENT

(1.) THIS is plaintiffs' second appeal challenging the judgment and decree of the trial Court dated 31.07.2012 whereby their suit for permanent injunction restraining the defendant -respondent from dispossessing them from the land in dispute was dismissed. Further challenge has been made to the judgment and decree dated 16.12.2013 of the first appellate Court whereby their appeal filed against the aforesaid judgment and decree of the trial Court was also dismissed.

(2.) AS per the appellants, they are holding the suit property since long time. Initially, the suit property had Kacha houses but over a period of time they have built Pucca houses and now their families live in the suit property. They do not intend to create any construction or Rasta on the property in question, however, due to inimical attitude of few villagers and mutual rivalry, a false and frivolous complaint has been made against them and now the defendant was threatening to dispossess them and interfere in their peaceful possession. Upon notice, defendant -respondent appeared and filed written statement raising various preliminary objections. On merits, it was submitted that the plaintiffs were not having any right, title or interest in the suit property which was a vacant plot and under the garb of this suit, the appellants want to grab the suit property. Moreover, despite status quo ordered by the Court, they have constructed pillars. It was further averred that as per the site plan submitted by them, there is an open space which is owned by Gram Panchayat which is meant for Gurudwara and thus, the suit is liable to be dismissed. No replication was filed to the averments made in the written statement.

(3.) AGGRIEVED from the aforesaid judgment and decree of the trial Court, the plaintiffs filed an appeal before the first appellate Court, which was also dismissed. While dismissing the appeal, the first appellate Court observed as under: