DIVISIONAL FOREST OFFICER Vs. GRAM PANCHAYAT HAVELI

JUDGEMENT

(1.) With the consent of the counsel for the parties, main appeal itself is taken on board for hearing.

(2.) Present regular second appeal is directed against the judgment of the Courts below at Jagadhri, whereby the suit for permanent injunction filed by the plaintiff/respondent was allowed on the ground on 5/6/2006 that the trees had been planted on the land which belonged to the Gram Panchayat- plaintiff and, therefore, the defendants/appellants could not as such have any right over the trees and the Civil Judge (Sr.Division) restrained the defendants from interfering in the work of cutting and removing the trees from the land owned and possessed by the plaintiff. The land in question measured 37 kanals 7 marlas and was in ownership and possession of the Gram Panchayat and in the column of nature of land word 'Gair Mumkin in Khola and Band' has been mentioned.

(3.) The stance of the appellants was that they had planted these trees being the Forest Department about 20 years back and they were looking after them. There were 525 trees of Eucalyptus and 27 trees of Kiker (Babool) and in total there were 552 trees.