GRAM SABHA Vs. CHAMBAL SINGH

JUDGEMENT

(1.) This regular second appeal is directed against the judgment of the learned Additional District Judge, Karnal, vide which the appeal filed by Chamel Singh plaintiff was accepted and his suit for permanent injunction was decreed, leaving the parties to bear their own costs.

(2.) The facts of the case, briefly stated, are that the property marked ABCD in the site plan, attached with the file, according to the plaintiff, was owned and possessed by him and was a part of his house. Earlier to the filing of the suit by the plaintiff, Patia etc. had filed a suit for joint possession of the vacant land against Chamel Singh and others but their suit was dismissed. However, the trial Judge made a passing remark that the site in suit vested in the Panchayat. After that the Gram Panchayat, Barota, served a notice under Section 21 of the Gram Panchayat Act on the plaintiff. The plaintiff therefore, filed a suit for permanent injunction against the Gram Panchayat.

(3.) The Gram Panchayat defended the suit and pleaded that the site in dispute vested in the Panchayat and did not belong to the plaintiff. The following issues were framed :-