ISHER SINGH Vs. BADAN SINGH

JUDGEMENT

(1.) Ishar Singh filed a suit for permanent injunction to restrain Gram Panchayat Kang Kalan. Members of Panchayat and its Sarpanch from interfering in his peaceful possession and enjoyment of the land measuring 24 Kanals in Killa No. 62 situated in village Kang Kalan and claimed to be its owner as a co-sharer and in the alternative by way of possessory title. He pleaded that the land was not shamlat deh and could not vest in the Gram Panchayat.

(2.) The Gram Panchayat contested the suit and pleaded that the land in dispute was shamllat deh, and that he was estopped and his act and conduct from filing the suit.

(3.) The trial Court decided the suit in favour of the plaintiff but on appeal by the Gram Panchayat, Sarpanch and most of the members, the lower appellate Court by judgment and decree dated 3.1.1978 allowed the appeal and dismissed the suit after recording that the plaintiff was not proved to be owner of the land in dispute nor he was found to be in possession as for two years prior to 1971-72 the plaintiff had taken the land on lease from the Gram Panchayat and for the year 1971-72 his son had taken the lease and presumed that he surrendered possession in favour of his son. On the aforesaid findings, it was held that the plaintiff was estopped from denying the title of the Gram Panchayat. This is plaintiff's second appeal.