LAJJA RAM Vs. RATI CHAND

JUDGEMENT

(1.) THIS order shall dispose of RSA No. 4041 of 2007 filed by the proprietors challenging alienation effected by defendant No. 1 in favour of defendant Nos. 2 to 5. It shall also dispose of RSA No. 2552 of 2008 arising out of suit for injunction filed by the purchasers to seek protection from dispossession of the land purchased by them. Since, the issue is identical being cross suits, the same are being disposed of together by the common judgment. However, for facility of reference, the facts are taken from RSA No. 4041 of 2007.

(2.) DEFENDANT Nos. 2 to 5 are in second appeal aggrieved against the judgment and decree passed by the Courts below, whereby the learned first Appellate Court decreed the suit for declaration, injunction and possession of land measuring 33 kanals 5 marlas said to be owned by Gram Panchayat-defendant No. 6.

(3.) DEFENDANT No. 1 did not contest the suit. Defendant No. 6 has averred that defendant No. 1 was Bhondedar and was looking after the temple. On the other hand, defendant Nos. 2 to 5 claimed that the plaintiffs were never in possession of the suit land and that by way of adverse possession, defendant Nos.2 to 5 have become owners of the same. It was alleged that vide the order passed by the Assistant Collector, the land does not vest in the Gram Panchayat and that defendant Nos.2 to 5 are owners. It was also alleged that defendant No. 1 was Bhondedar of the suit land for more than 6o years and the temple was looked after by him. It is admitted that defendant No. 1 migrated to village Nangla Gudhrana about 25 years back and permanently settled in the said village and ceased to be the inhabitant of the village Bhurja. It was denied that defendant No. 1 no longer remained Bhondedar of the suit land after 1970-71.