LAWS(P&H)-1976-2-36

GRAM SABHA NAYA SHEHAR Vs. NIRANJAN SINGH

Decided On February 02, 1976
GRAM SABHA NAYA SHEHAR Appellant
V/S
NIRANJAN SINGH Respondents

JUDGEMENT

(1.) A suit was filed by Niranjan Singh and his son Kirpal Singh (respondent) against the Gram Panchayat Naya Shehar (appellant) and others for a permanent injunction that the appellant be restrained from taking possession or interfering with the respondent's possession of a vacant site in the village and for quashing the orders of the Gram Panchayat dated December 30, 1961 as also the order of Magistrate 1st Class, Chandigarh, dated June 3, 1962, relating to an alleged encroachment on the said property. The claim of the respondents in the suit was that the joint Gram Panchayat of the two villages, i.e., Naya Shehar and Badala served a notice for the removal of some encroachment on the disputed site but no action in regard to this notice was taken by the Gram Panchayat. In fact, this notice was ordered to be filed. Subsequently, the Gram Panchayat, Naya Shehar, purporting to act under section 21 of the Gram Panchayat Act, imposed a fine upon the respondents. A revision was filed against the order of the Gram Panchayat, but this was rejected by the Judicial Magistrate, Chandigarh. The respondents, therefore, asked for the necessary relief of injunction.

(2.) The appellant contested the suit with various objections both legal as well as on facts. The competence of the Civil Court to adjudicate upon the matter decided by the Panchayat was also challenged. The contentious points which were incorporated in the issues are as follows :

(3.) The findings on all the issues went in favour of the respondents and their suit was, therefore decreed in terms of the prayer made by them. The Gram Panchayat appealed but without success. They have, however, tried their luck again in the present second appeal.