GRAM PANCHAYAT AT VILLAGE MANDER Vs. DILBAG SINGH

JUDGEMENT

(1.) This second appeal from order is directed against the judgment dated 20.2.1986 passed by the learned Additional District Judge Jalandhar, whereby he accepted the appeal of the plaintiff-respondent No. 1 against the judgment and decree dated 15.2.1985 of the learned Sub Judge Second Class, Jalandhar, and remanded the case to him for trial on merits.

(2.) The defendant appellants - Gram Panchayat, its Sarpanch and Panches - being aggrieved against the said order of remand have approached this Court through the instant appeal.

(3.) Respondent No. 1 (Dilbag Singh) had filed a suit alleging that he owns a taur in the village abadi where he stores his fuel, fodder, household articles, agricultural implements etc.; that he has also grown trees on the said taur; that Piara Singh appellant No. 2 who is Sarpanch of the Gram Panchayat and other appellants bear ill-will against him; that on 18.7.1984 they along with two Police Constables came to the taur in dispute with building material and converted a portion of it shown in the site plan attached with the plaint into a street. Thus, he complained that the appellants had encroached upon a portion of the taur which belongs to him. He prayed for grant of a decree for possession of the said portion of his alleged taur. The appellants resisted the suit. They filed a written statement and pleaded therein that the site in dispute was a street and was being used as such by the inhabitants. They admitted that the taur of the respondent (Dilbag Singh) abuts the phirni of the village. They, however, denied that his taur had been encroached upon by them. They maintained that the site in dispute is a part of the street and on 18.7.1984 its brick flooring was laid under the orders of the District Development and Panchayat Officer.