JOGI RAM Vs. GRAM PANCHAYAT VILLAGE MOHANGARH

JUDGEMENT

(1.) The appellant-plaintiff is in regular second appeal against the concurrent finding of fact whereby the suit claiming injunction against the Gram Panchayat restraining them from constructing metal street from the suit land belonging to the appellant-plaintiff had been dismissed by the trial Court, which has been upheld by the lower Appellate Court.

(2.) The appellant-plaintiff instituted the aforementioned suit on the ground that he is owner in possession of the suit land comprising in khasra No. 321, 322 and 35//15/4 (gair mumkin) situated in village Mohangarh. On 18.6.1998, the aforementioned property was demarcated and on the basis of the demarcation, the plaintiff raised the boundary wall over khasra No. 321 and 322 and constructed rooms. Even Sarpanch of the Gram Panchayat had also raised the boundary wall and unauthorizedly occupied the land belonging to the Gram Panchayat. It is in this background of the matter, the suit aforementioned was filed.

(3.) The suit was contested by the defendant by taking preliminary objections qua maintainability of the suit for want of notice under Section 205 of the Haryana Panchayati Raj Act, 1994. It was submitted that the demarcation was done at the back of the Gram Panchayat wherein the defendant allegedly undertook not to metal the public street through the land of the plaintiff.