VIJAY SINGH Vs. GRAM PANCHAYAT

JUDGEMENT

(1.) Since both the appeals (supra), involve common questions of law, besides, when the verdict challenged in both the appeals is common to both, thus, they are amenable to be decided through a common order.

(2.) In civil suit no. 22 of 2014, an affirmative decree was made by the learned Civil Judge concerned, on 10/7/2015, vis-a-vis the relief claimed in the said suit, inasmuch as, for a decree of mandatory and permanent injunction being made, to the effect that the revenue entries in column No. 4 and column No. 5 of jamabandis, of the disputed lands situated within the revenue estate of Village Assan Kalan, Tehsil and District Panipat, are liable to be corrected, in favour of the plaintiffs, given they being the owners and co-sharers vis-a-vis the disputed lands, besides qua the espoused consequential relief of mandatory injunction directing defendants No. 1 to 3 to enter the names of the plaintiffs in equal shares in column No. 4 and column No. 5 of the jamabandis qua the suit property. Moreover, also qua the asking of relief, to the effect that the recording of mutation No.1184 dtd. 2/9/1956, and, on 27/12/1961, thus depicting the father of the plaintiffs as gair marusi, rather being illegal, null and void, thus, the espousal for a further consequential relief of permanent injunction restraining the defendants from dispossessing the plaintiffs from the suit property and from alienating the suit property in any manner, became also made.

(3.) The said affirmative decree became assailed by the appellant-defendant No. 4-Gram Panchayat, as well as by the State of Haryana before the learned First Appellate Court concerned. The said appeals were decided through a common judgment. The learned First Appellate Court through a verdict made on 8/12/2018, allowed both the appeals and set aside the judgment and decree passed by the lower Court. The relevant part of the verdict made by the learned First Appellate Court is extracted hereinafter.