PHULLI Vs. RAM

JUDGEMENT

(1.) This is defendant's appeal against whom a suit for permanent injunction was dismissed by the trial Court but was decreed in appeal.

(2.) The plaintiffs brought a suit in respect of the land bearing Khasra No. 313, measuring 52 Kanals 10 Marlas, situated in village Mataur, Tehsil Narwana, District Jind, alleging that this land was part of pond. It is being used for the benefit of village inhabitants. Since these villagers are numerous in number, so the plaintiffs brought the suit in a representative capacity under Order 1 Rule 8, Code of Civil Procedure on their behalf as well as on behalf of other residents of the village. According to the plaintiffs, the defendant wanted to encroach upon the land of this pond and for this purpose they stored bricks tch. on the site. It was claimed that in case the defendants succeeding in making encroachment on this part of the land, the plaintiffs would suffer an irreparable loss and injury. Since the Gram Panchayat, in whom the land vest, has failed to take any action in the matter, hence the present suit.

(3.) The suit was contested by the defendants on the ground that their possession over the part of the suit land had been there for the last 20 years and their construction over it was old one. They also challenged the maintainability of the suit in the present form and further pleaded that the plaintiffs have no right to file it because only the Gram Panchayat could take action in the matter. The trial Court found that the site, in dispute, is a part of Khasra No. 313 which is a village pond and is owned by the Gram Panchayat. It was further found that the construction over the land by the defendants was two/three years old prior to the filing of the suit. The trial Court also found that the plaintiffs are not entitled to the relief prayed for because they have no locus standi to file the suit as such. Consequently, the plaintiff's suit was dismissed. In appeal, the learned Senior Subordinate Judge (with enhanced appellate powers), Jind, came to the conclusion that even though the land belongs to the Gram Panchayat, the plaintiffs are entitled to maintain the suit and since the defendants have encroached upon the land belonging to the Gram Panchayat, the plaintiffs are entitled to the injunction sought for. Consequently, the plaintiffs' suit was decreed by the learned Senior Subordinate Judge. Dissatisfied with the same, the defendants have field this second appeal in this Court.