GRAM PANCHAYAT OF VILLAGE BHARTANA Vs. SUNEHRI

JUDGEMENT

(1.) The present appeal directs challenge against the judgment and decree dated 30.8.2010 passed by the District Judge, Jind whereby the appeal preferred by the respondent-plaintiff represented through his LRs was allowed, judgment and decree dated 14.2.2009 passed by the trial court were set aside and suit filed by the respondent-plaintiff was decreed with costs.

(2.) The facts relevant for disposal of instant appeal are that the respondent-plaintiff filed suit for declaration that he being Biswedar and co-sharer is owner in possession of the agriculture land measuring 16 kanal 4 marlas comprised in Khewat No. 302 min/167-280 khata No. 411 Rect. No. 64 killa No. 4/2/1 (2-15) khata No. 413 Rect. No. 64 killa No. 4/2/2 (4- 12), 7(8-0), 14/1 (0-7) situated in the revenue estate of village Bhartana, Tehsil Safidon as per jamabandi for the year 1999-2000. Further challenge has been laid to orders dated 3.9.2001 passed by the Collector Ist Grade, Safidon, dated 16.12.2003 by Collector, District Jind and dated 3.7.2006 by Commissioner, Hisar Division, Hisar being illegal, null and void. He also prayed for consequential relief restraining the appellant-defendant from interfering in peaceful possession of the respondent over suit land and executing the impugned orders dated 3.9.2001, 16.12.2003 and 3.7.2006 forcibly and illegally with a prayer for mandatory injunction directing the revenue authorities for correcting the revenue entries.

(3.) The plea of the respondent-plaintiff is that Deiya son of Harnam Singh being Biswedar of village Bhartana was in actual physical possession of suit land as gair marusi since the time of his father Harnam Singh. Deiya father of the plaintiff died and the plaintiff stepped into shoes of said Deiya and he is in actual physical possession of suit land being Biswedar and co-sharer. Possession of the plaintiff, his father and grand father is recorded in the jamabandi of 1947 and even prior to consolidation. On 31.12.1966, the appellant filed an application under Govt. Public Premises and Land Eviction Recovery Act, 1951 against Deiya before the Collector, Jind which was dismissed vide order dated 21.7.1967. The appellant again filed a petition on 27.11.1975 and the same was dismissed on 29.4.1976 by the Assistant Collector Ist Grade, Jind. The appeal filed by the appellant against order dated 29.4.1976 was dismissed on 23.8.1976 by the Collector, Jind. The gram panchayat also filed a petition under Sec. 7 of the Punjab Village Common Lands (Regulation)Act, 1961 (as applicable to Haryna) (in short "the Act") before Assistant Collector Ist Grade, Jind which was decided on 28.2.1966, order dated 28.2.1966 was set aside by the appellate authority i.e. Deputy Commissioner and Collector, Sangrur vide order dated 29.7.1966. The appellant again filed an application under Sec. 7 of the Act with regard to suit land before the Assistant Collector Ist Grade, Safidaon which was decided on 3.9.2001. Appeal filed before the Collector, Jind was dismissed vide order dated 16.12.2003. The respondent filed second appeal before the Commissioner, Hisar which was dismissed on 3.7.2006. The impugned orders are without jurisdiction and illegal being barred under the principle of res judicata.