LAWS(P&H)-2017-1-48

GRAM PANCHAYAT Vs. GURMAIL SINGH

Decided On January 09, 2017
GRAM PANCHAYAT Appellant
V/S
GURMAIL SINGH Respondents

JUDGEMENT

(1.) This is an appeal by the appellant-Gram Panchayat (hereinafter to be referred to as the Panchayat) in a suit filed by the respondent-plaintiff (hereinafter to be referred to as the plaintiff), seeking a decree of permanent injunction against the present appellant, restraining it from digging out the earth from a path and from interfering in any other manner, in the use of the path/rasta of 3 karams, stated to be running on the Northern and Eastern side of the property of the plaintiff, as was depicted in the site plan exhibited in the suit. The plaintiff further sought that the Gram Panchayat be restrained from blocking the windows and doors of the house of the plaintiff, as were located on the Northern side and also not to damage the projection on the roof of the house of the plaintiff.

(2.) As per the plaint, the plaintiff is the owner of 8 marlas of land, falling in Khasra No.402, Khewat/Khatoni No.3/3, situated in village Kot Khurd, Tehsil and District Jalandhar, which he had purchased on 01.07.1988 and had constructed his house thereupon. He had also opened doors and windows towards the rasta on the Northern side of the house. It was further contended that the rasta was going to the grave yard and Hadda Rori (ground for disposal of dead cattle) of the village and had been in existence since the father of the plaintiff purchased the suit property. (Though, as per the judgment of the Civil Judge, it is earlier shown that the plaintiff had purchased the suit property, thereafter, it is stated that his father purchased it).

(3.) Upon notice issued to it, the Panchayat filed a written statement raising preliminary objections with regard to the locus standi of the plaintiff, further stating that the area that was alleged to be a path, was actually a common Chhappar, on the Northern side of the cremation ground of the village and that the Chhappar as well as the cremation ground had since long been the property of the Panchayat, shown as Panchayat deh, with the ownership vesting in the Gram Panchayat, as duly reflected in the record of rights (jamabandi) for the years 1973-74 and 1998-99, as also in the aks-shijra and the report of the Halqa Patwari.