DHARAM PAL MOHINDER NATH Vs. NIRMAL SINGH

JUDGEMENT

(1.) By this common judgment two Civil Revisions bearing Nos. 2766 and 3106 of 1997 can conveniently be disposed of together as the same are directed against the common judgment of the learned Additional District Judge, Hoshiarpur, dated 5.3.1997.

(2.) The relevant facts are that M/s Dharampal Mohinder Nath through its proprietor Sansar Chand Menon has filed a suit for permanent injunction to restrain the Gram Panchayat from interfering in his possession in the land measuring 40 kanals 10 marlas on the allegation that the he had taken the land in dispute on lease for the purpose of manufacturing bricks at the rate of Rs. 500/- per kanal for digging earth and Rs. 2,500/- per year as Chakota Fee. Petitioner's case further was that he has regularly been making payment of Chakota and the amount of digging the earth to the Gram Panchayat and he is in possession of the land even before the lease was executed.

(3.) The application as well as the suit was contested by the Gram Panchayat on the ground that the Civil Court has no jurisdiction to try the suit. It was asserted further that the B.D. and P.O. was not competent to auction the land of the Gram Panchayat for more than three years and in any case the transaction is to be approved by the Director. Plea was raised that the petitioner has fabricated the document. Gram Panchayat auctioned the land through a resolution dated 24.7.1991. In the resolution, no Khasra No. of the land has been given. Even in the Jamabandi for the year 1993-94, Nirmal Singh and Amolak Singh have been shown in possession. Same is the position in Khasra Girdwari for the years 1994-95 and 1995-96. Gram Panchayat disputed the letter dated 18.6.1994 in which Khasra No. of the land had been given and contended that it was a forged letter.