SHANKAR Vs. RAM KALA

JUDGEMENT

(1.) This is defendant's second appeal against whom suit for permanent injunction has been decreed by both the Courts below.

(2.) The plaintiff filed the suit for permanent injunction alleging that he was the owner of the site in dispute and the defendant without any right, title or interest in the suit property wanted to dispossess him forcibly and illegally. In the written statement it was pleaded that the plaintiff had no right or title in the suit property. It was a public street and vests in the Gram Panchayat, Kakrala. The plaintiff was in its illegal possession and had encroached upon the same forcibly. The defendant also challenged the jurisdiction of the Civil Court to adjudicate the dispute, the site being vested in the Gram Panchayat under the Punjab Village Common Lands (Regulation) Act, 1961.

(3.) Both the Courts below have concurrently found that the plaintiff has failed to prove that he is the owner of the site in dispute. However, the plaintiff's suit has been decreed on the ground that since he is in occupation thereof, he could not be dispossessed forcibly. Dissatisfied with the same, the defendants have filed the second appeal in this Court.