ATTAR SINGH Vs. GRAM PANCHAYAT, VILLAGE BAKHTAWARPUR

JUDGEMENT

(1.) The defendant is before this Court against the judgment and decree of the learned Lower Appellate Court whereby that of the trial Court was reversed and the suit filed by the respondent-plaintiff, was decreed. Briefly, the facts as are available on record are that the respondent-plaintiff filed a suit for declaration claiming ownership of the suit property i.e. 18 kanals 12 marlas of land, situated in village Bakhtawarpur, Tehsil and District Sonepat. It was further prayed for declaring the judgment and decree dated 9.11.2003 passed in Civil Suit No. 308 of 2003 as null and void. Relief of permanent injunction was also prayed for restraining the present appellant-defendant from alienating the suit property.

(2.) It was claimed by the respondent- Gram Panchayat that 18 kanals 12 marlas of land owned and possessed by the Gram Panchayat was exchanged with the appellant for 11 kanals 17 marlas with the connivance of the then Sarpanch. The land owned by the Gram Panchayat was not only more than in area but was also more valuable being close to the abadi as compared to the land of the appellant. It was further pleaded by the respondent-plaintiff that prior approval of the Government was not taken for the exchange. The trial Court dismissed the suit, whereas the learned Lower Appellate Court reversed the judgment and decree of the trial court and decreed the suit filed by the respondent-plaintiff. The judgment and decree of the learned Lower Appellate Court has been impugned in the present appeal.

(3.) Learned counsel for the appellant submitted that the exchange was effected at that stage for the reason that the village pond had come close to the abadi area and to avoid any untoward incident, it was decided to be shifted. No doubt, the land owned by the appellant was located 5-6 acres away from the abadi, whereas the land given in exchange to the appellant was located close to the abadi. Once a resolution is passed and the Gram Panchayat had suffered a decree of exchange, merely because of change of power, the earlier decisions taken by the Gram Panchayat should not be allowed to be reversed. The Gram Panchayat had been enjoying the fruits of the land taken in exchange as it was being auctioned regularly. Possession thereof is still with the Gram Panchayat. However, he did not dispute the fact that there was no permission taken by the then Gram Panchayat from the Government for exchange of the land.