RAJENDER SINGH Vs. SURESH AND OTHERS

JUDGEMENT

(1.) The respondents/plaintiffs filed a suit against the Gram Panchayat Gujrani and one Rajender Singh (petitioner herein) restraining the petitioner-defendant from changing the basic structure of Johar known as Lehriwala Johar comprised in Khasra No. 175 measuring 275 kanals 06 marlas as per jamabandi for the year 2008-09, situated in the revenue estate of Village Gujrani, Tehsil and District Bhiwani.

(2.) Along with the suit, an application under order 39 Rules 1 and 2 read with Section 151 CPC for permanent injunction was filed. The trial Court after considering the evidence on record, prima-facie came to the conclusion that as per the revenue record, the property in question is a Johar and Gram Panchayat appears to have over-stepped its power and has acted beyond its jurisdiction and is trying to change the nature of Johar by building a Dharamshala (chaupal) for a particular community and as such is wasting johar property.

(3.) The said finding has been affirmed by the learned Additional Sessions Judge in its order dated 17.07.2015. Hence, this revision petition.