RANJEET SINGH Vs. GRAM PANCHAYAT, SANGHORE

JUDGEMENT

(1.) The plaintiff has filed this petition under Article 227 of the Constitution of India for setting aside the order dated 14.3.2006 passed by Civil Judge (Jr. Divn.), Kurukshetra, whereby, his application under Order 39 Rule 1 & 2 CPC for interim injunction has been dismissed as well as order dated 28.3.2006 passed by Additional District Judge, Kurukshetra, whereby, the appeal filed by the petitioner against the said order was also dismissed.

(2.) In this case, the petitioner claims himself to be in cultivating possession of the land comprising in khasra No. 2243 (4-0), 2244/2 (4-0), 2245 (3-6) and 2246 (1-6), which is 12 Bagha 12 biswas situated in village Singhore, Tehsil and District Kurukshetra. It is the case of the plaintiff that earlier the suit land was being cultivated by his grand father and after his death it was being cultivated by Telu Ram and Karta Ram, his uncle and father, respectively. It has been further stated that after their death, plaintiff is cultivating the suit land. It is alleged that the Gram Panchayat is neither the owner and in possession of the suit land nor it has ever planted any trees on the same.

(3.) In the written statement filed by the Gram Panchayat, it has been claimed that the land in dispute was 'shamlat deh' being used as Chrarand and the same vests in the Gram Panchayat under the provisions of Punjab Village Common Lands Regulations Act, 1961 It has been also contended that the plaintiff or his predecessor never remained in the possession of the suit land. Defendant-Gram Panchayat has also raised the issue of jurisdiction of the civil court and maintainability of the suit.