RANJIT SINGH & ANOTHER Vs. GRAM SABHA, JALALPUR

JUDGEMENT

(1.) This is plaintiffs' appeal filed under Section 100 of Code of Civil Procedure, 1908 (hereinafter referred to as "Code") challenging the judgment & decree dated 2.2.1980 passed by learned Additional District Judge, Patiala (I), reversing the judgment & decree of the trial Court dated 4.9.1979. The dispute between the plaintiff-appellants and defendant-Gram Panchayat centres around the issue as to whether the plaintiff-appellants are owner in possession of "Sehan" along with "Barota" tree.

(2.) The controversy in brief is that the plaintiff-appellants filed a Civil Suit No.204 dated 6.6.1978 asserting that they are owner in possession of the suit property along with the tree and the defendant-Gram Panchayat has no right, title or interest in it. It was alleged that the defendant-Gram Panchayat has been threatening the plaintiff-appellants to interfere with their peaceful possession over the suit land and the tree by raising a pucca construction (Chabutra) around the said tree and wish to claim title over the same. Despite the request made by the plaintiff-appellants not to interfere in their peaceful possession, the defendant-Gram Panchayat have been adamant which resulted in filing of the suit.

(3.) The stand of the defendant-Gram Panchayat is that in fact they have been owner and in possession of the suit property which is comprised in Khasra No.442. They have claimed that the pucca construction has to be raised by the defendant-Gram Panchayat in pursuance to its resolution dated 5.7.1974 and that the foundation for the said purpose have already been dug and earth has also been filled around the tree. It is claimed that the property in dispute is shamlat deh and the Civil Court would not have any jurisdiction in view of Section 13 of the Punjab Village Common Lands (Regulations) Act, 1961. It was also alleged that the suit was not maintainable as the plaintiff-appellants have not been in possession of the suit property.