BHAGU Vs. RAM SARUP

JUDGEMENT

(1.) The short but question of some complexity raised in this Second Appeal relates to the jurisdiction of the Court. It arises on the following facts.

(2.) Plaintiff-respondent Ram Sarup filed the present suit on 18th July, 1978 with the allegations that out of the two plots Nos. 208 and 212 situated in village Dhadoli, Tehsil Safidon, district Jind, the first one is owned by him and the latter is a public street. He and the pro forma defendants in the suit were utilising this street as an approach to their houses for the last more than 30 years. The defendant-appellants being headstrong people not only threatened to dispossess him from plot No. 208 but had actually constructed a 6' high wall in the thoroughfare, i.e. on plot No. 212, and, thus, caused obstruction in the free passage to his house and also to the houses of other defendants. Thus, he sought a permanent injunction restraining the appellants from raising any construction or interference in his possession over plot No. 208 and prayed for a mandatory injunction directing these appellants to demolish the wall and the other construction and to restore the thoroughfare to its original position. The appellants contested the suit denying the above-mentioned allegations. The parties were put to trial on the following issues :-

(3.) Though in the pleadings of the parties, the land in question is not described as Shamilat Deh and all that has been said and denied is that it is a "Gali Sheh-re-aam", yet this factual position is supported by the entries in the Jamabandi for the year 1976-77 (Exhibit P. 7). As per this record of rights, the land is owned by the Nagar Panchayat. Undisputably streets and lanes within the Abadi Deh or Gora Deh of a village fall within the definition of "Shamilat Deh" as per the provisions of S.2(g)(4) of the Act and vest in the Panchayat.