RAMPHAL AND OTHERS Vs. OM PARKASH AND OTHERS

JUDGEMENT

(1.) Defendants are in second appeal against the concurrent judgments and decrees passed by the Courts below in a suit for declaration and mandatory injunction as consequential relief.

(2.) Plaintiffs filed suit seeking decree for declaration to the effect that defendants have no right, title or interest in the land measuring 1 Kanal 7 Marlas be passed besides declaring gift deeds in favour of defendants No.1 to 9 not binding upon the plaintiffs and other inhabitants and the same be declared as null and void. Mandatory injunction has also been sought for removal of encroachment by the defendants.

(3.) Plaintiffs alleged that in the year 1993, defendant No.10 was the Sarpanch. In a scheme promulgated by State of Hayana to provide plot to homeless and landless persons, plots were given to those persons who were not eligible. The plots were given to defendants No.1 to 9, who are near relatives of defendant No.10 by misusing the policy of the Government. Gift deeds were made in favour of the defendants No.1 to 9 and others. The land meant for Kohlu was given by way of gift deed and the defendants raised construction over the site of Kohlu which was meant for inhabitants for common purposes in the village.