SUBHASH CHAND Vs. GRAM PANCHAYAT AND OTHERS

JUDGEMENT

(1.) Present Regular Second Appeal filed by one of the plaintiffs is directed against the concurrent findings of both the Courts below, whereby, suit filed by Subhash Chand for declaration and permanent injunction was dismissed by the Court of First Instance vide judgment and decree dated 30.7.2013. The appeal filed by him was also dismissed by learned District Judge, Sonipat vide judgment and decree dated 28.05.2015.

(2.) For the sake of convenience, parties are being referred to as per their status before the Court of first Instance.

(3.) Relevant facts of the case, that plaintiffs filed suit for declaration and permanent injunction on the ground that the plaintiffs are residents of village Bega, Tehsil Ganaur, District Sonepat and as such, they have right to file the suit. The suit land measuring 87 Kanals 9 Marlas situated within the revenue estate of village Bega, Tehsil Ganaur, District Sonepat was owned and possessed by defendant No.1 Gram Panchayat. Out of 87 Kanals 9 Marlas, land measuring 84 Kanals 9 Marlas is banjar kadim and the same is being used for the benefit of the village community. Gram Panchayat in collusion with some other residents of the village, who are Muslim by religion had got recorded wrongly and illegally in the column of possession Ahil-e-Islam, whereas, the said land is for the benefit of the entire village. That way, the use of the same cannot be restricted on the caste, creed and religion basis. Gram Panahayat has been sanctioned grants by the State Government for the development of graveyard, but the Sarpanch of the village in collusion with defendants No.2 and 3, belonging to Muslim community, wanted to utilize the said grant for encroaching and taking illegal possession of the suit land for which they have no right.