GRAM PANCHAYAT VILLAGE DAROLI KHERA Vs. SHISHAN KUMAR

JUDGEMENT

(1.) This revision petition is directed against the judgment dtd. 11/12/2025 passed by the Court of Additional District Judge, Jind, vide which the application under Order 39 Rule 1 and 2 CPC moved by the plaintiff-respondent has been allowed, while setting aside the order dtd. 30/4/2024 (Annexure P-10) passed by the learned Civil Judge (Jr. Divn.), Narwana, in Civil Suit No.187 of 2024 titled as 'Shishan Kumar Vs. Gram Panchayat Daroli Khera and others', vide which the application under Order 39 Rule 1 and 2 CPC was dismissed.

(2.) Case of the plaintiff is that he is owner in possession of the suit property measuring 910.748 sq. yards. As per the Haryana Government policy, a sale deed has been executed in his favour, on the basis of which he claims ownership and possession of the suit property. He has constructed a boundary wall on a part of the land and the remaining land has been left vacant. However, the defendants now intend to construct a street/gali over a portion of the suit property without any right, title, or interest, while claiming themselves to be owners of the same, whereas they have no document of title in their favour. Since the plaintiff is the owner in possession of the suit property, he cannot be forcibly dispossessed and a prayer has been made to restrain the defendants from constructing any street/gali on the suit property.

(3.) Defendants, in their written statement as well as reply to the application have refuted the contents of the plaint and have taken a plea that the plaintiff is the owner in possession of land measuring 772 sq. yards instead of 910.748 sq. yards. Infact, he got the sale deed of land measuring 910.748 sq. yards executed in connivance with the Panchayat Secretary and when this fact came to the knowledge of the Gram Panchayat, it approached the BDPO. However, no such option was available on the portal to get the land separated and as such, the entire land has been transferred in the ownership of the Gram Panchayat. It has been admitted that the plaintiff has constructed a boundary wall over some portion of the land. However, the remaining land belongs to the Gram Panchayat and the plaintiff has no concern with the same and the defendant Gram Panchayat has a right to raise construction over the land.