KASHMIR SINGH Vs. BALBIR SINGH

JUDGEMENT

(1.) This is second appeal against the judgment and decree passed by Additional Civil Judge (Senior Division), S.B.S. Nagar, whereby suit of plaintiffs seeking the relief of permanent injunction to restrain the defendants from interfering in possession of plaintiffs over suit property measuring 1 kanal 0 marla, bearing khasra no. 84, khewat no. 258, khatauni no. 1394 situated in village Mahil Gehlan, was dismissed.

(2.) Plaintiffs-appellants claimed to be in possession of suit property under agreement dated 09.04.2010, executed by Chanchal Singh son of Dhanna Singh, a proprietor of the village Mahil Gehlan. They alleged that Chanchal Singh was earlier in possession of suit land and transferred the rights of possession in favour of plaintiffs.

(3.) The defendants alleged that suit land is 'maqbuja abadi deh' and vests in gram panchayat. The jurisdiction of Civil Court is barred under Sec. 13 of the Punjab Village Common Lands (Regulation) Act, 1961. Defendants denied that Chanchal Singh was in possession of suit land, rather claimed that it was under the control and supervision of village panchayat and is being used for disposal of waste water of houses in village and rainy water.