HARDEV SINGH Vs. GRAM PANCHAYAT, DHILWAN AND OTHERS

JUDGEMENT

(1.) This was Regular Second Appeal filed by appellant-plaintiff Hardev Singh (hereinafter referred to as the "appellant") impugning the judgment and decree dated 16.01.2014 passed in Civil Suit No.91 of 26.03.2009 by learned Civil Judge (Junior Division), Barnala, dismissing the suit for permanent and mandatory injunction filed by appellant against respondents-defendants Gram Panchayat and others (hereinafter referred to as the "respondents"), which was upheld by the first appellate Court vide judgment and decree dated 04.12.2014.

(2.) The relevant facts are as under:-

(3.) In the written statement filed by the respondents, they raised various legal and factual preliminary objections. According to them, the property in dispute is comprised in Khewat/Khatoni No.334/562, Khasra No.370/2(17-1) Gair Mumkin Abadi of which Washindgan Deh is the owner and it is under the control of the Gram Panchayat. On 20.03.2009, the appellant had filed a suit against Gurmeet Singh and Mohinder Singh alleging the suit property as his outer house and had sought an injunctive order against construction of the drain, but in the present suit he had shown the suit property as a plot in the site plan annexed with the plaint. On 26.03.2009, Jarnail Singh alias Jaili son of the appellant by taking undue advantage of his political links had got registered First Information Report No.34 dated 26.03.2009 under Section 452, 323, 324, 148, 149 of the Indian Penal Code at Police Station Tapa against the respondents and some other persons by concocting a false story, however, the said F.I.R. was cancelled after an inquiry was conducted. The respondents also submitted that under the garb of the present suit, the appellant wants to encroach upon the suit property.