SADHU SINGH Vs. THAKARDAWARA BHAGWAN NARAINJI

JUDGEMENT

(1.) THAKARDAWARA Bhagwan Narain Ji, Darbar Pandori Mahantan, Tehsil Gurdaspur, through its Mohtim Mahant Gobind Dass Chela Mahant Ram Dass, respondent herein, filed the civil suit for permanent injunction seeking to restrain the appellants herein from raising any type of construction and making any encroachment in the land measuring 1 kanal 2 marlas. The case of the Thakardawara was that the said land was owned by it which was cultivated through its tenant and the appellants were threatening to encroach upon it and raise construction.

(2.) ON the other hand, the case of the appellants was that the suit land was owned by Gram Panchayat Dakhla. It was leased out by the said Gram Panchayat about two years back. It was given to the villagers for the construction of the Gurdawara and at present, Gurdawara has been constructed over this piece of land. Issues were framed and parties led evidence. The respondent Thakardawara also took the plea that it has been dispossessed by the appellants during the pendency of the suit. The Local Commissioner was appointed and the learned Trial Court after discussing the evidence led by the parties reached the conclusion that the suit land was owned by the respondent Thakardawara and its possession was taken by the appellants during the pendency of the suit land, therefore, the decree for mandatory injunction was granted by the leaned trial Court vide judgment and decree dated 15.01.1998 requiring the appellants to remove the construction from the suit land.

(3.) THE submission of learned counsel for the appellants is that the suit is bad for non-joinder of necessary parties. The Gram Panchayat has not been impleaded who was the owner or in possession of the suit property. This submission has no force at all. Respondent has been held the owner of the suit property and even according to the appellants the said land was given to the villagers by the Gram Panchayat for construction of Gurdawara therefore, neither the Gram Panchayat of village Dakhla was the necessary party nor its non-impleadment is fatal to the case of the respondent.