SUKHBIR SINGH Vs. GRAM PANCHAYAT

JUDGEMENT

(1.) AGGRIEVED of the judgments and decrees passed by learned lower Courts, whereby his suit for permanent injunction stands dismissed, the plaintiff has filed the present second appeal under Section 100 of the Code of Civil Procedure.

(2.) THE claim of the plaintiff as taken by him in the plaint was that site bearing No. 36 min denoted in marks 'ABCDE' in the site plan and bounded on the North by Phirni, on the South by property of Amru etc., on the West by his own property and his brother-Jasbir Singh, while on the East by property of Jasbir Singh, situated in village Allarh Pind was owned and possessed by him and his brother Jasbir Singh. Both of them were in exclusive possession of the same. They had purchased the site in question for a sum of Rs. 1000/- from one Dhian Singh vide registered sale deed dated 24.8.1973 and since then they are owners in possession of the same. On the other hand, defendant Gram Panchayat had no concern over the suit property, but was threatening to interfere in the peaceful, actual and physical possession of the plaintiff and his brother, for the reason that Sarpanch was inimical towards him due to party-faction. The plaintiff had asked defendant-Gram Panchayat not to interefere in his possession and that of his brother, but it had no effect. Accordingly, he filed suit for permanent injunction so as to restrain defendant-Gram Panchayat from interfering in any manner whatsoever in the peaceful, actual and physical possession of his and his brother.

(3.) LEARNED counsel for the appellant submitted that the appellant, along with his brother Jasbir Singh, purchased the suit property by a registered sale deed Ex. P.2 from Dhian Singh and, therefore, the defendant-Gram Panchayat had no concern with the same. Moreover, the suit property had been carved out of the evacuee property and, therefore, the defendant-Gram Panchayat had no claim over the same.