GRAM PANCHAYAT VILLAGE BHAGAN Vs. DHARAM SINGH

JUDGEMENT

(1.) This appeal arises out of the judgment and decree of the Senior Subordinate Judge dated the 29th December, 1961, affirming that of the Subordinate Judge First Class, Sonepat, dated the 31st July, 1961, whereby the plaintiff's suit was dismissed with costs.

(2.) The plaintiff, Gram Panchayat, Bhagan, brought a suit for mandatory injunction with a prayer that the defendant be directed to remove the structure raised by him over the site in dispute and to restore the site to its previous condition so that it could be used for the passage of the people, it being a lane. The suit was contested by the defendant on various grounds including that the site in dispute had been in his possession since long and that no pathway ever existed on the site. He also challenged the frame of the suit. On the pleadings of the parties the following two issues were framed :-

(3.) In appeal the learned Senior Subordinate Judge came to the conclusion that the Civil Court had no jurisdiction and in view of this decision he dismissed the appeal affirming the decision of the trial Court. No findings were given by the Senior Subordinate Judge on issue No. 2 regarding the nature of the property.