CHARANJIT Vs. NAGAR PANCHAYAT BEGOWAL

JUDGEMENT

(1.) THE plaintiff is in second appeal aggrieved against the judgment and decree passed by the learned first Appellate Court, whereby suit for injunction restraining the defendants, its employees, agents, contractors from demolishing the building located in khasra No. 320/15, was dismissed.

(2.) IT is the case of the plaintiff-appellant that Mohinder Paul S/o Khushi Ram has purchased in auction an area of 25 ft. x 12 ft. out of khasra No. 320/15 from the Gram Panchayat, Begowal. The auction money of Rs. 310/- was deposited by Mohinder Paul on 5.2.1970. The balance amount of Rs.1000/- was paid in two installments i.e. Rs.400/- on 27.2.1970 and Rs. 600/- on 5.4.1970. The said Mohinder Paul through his attorney Madan Lal, his brother, executed an agreement dated 5.12.1978 in favour of the plaintiff. It is thereafter, the plaintiff has raised construction of building after demolishing the dilapidated room earlier in existence. It was, thus, pleaded that the appellant is owner in possession of the suit property and the defendants cannot dispossess the plaintiff. In the written statement, the defendants have pleaded that Gram Panchayat was not competent to sell any property vested in it and the alleged auction, if any, is against the provisions of law. The Sarpanch cannot bound the Gram Panchayat by his illegal acts. It was also pleaded that the plaintiff has encroached upon the land of the Gram Panchayat and that the notice issued is perfectly legal and valid. In a rejoinder to the said written-statement, it was pleaded by the plaintiff that auction of the plot was made by the competent authority and it had did so by adopting due procedure of law and the Sarpanch was competent to issue the receipt.

(3.) ALONGWITH the second appeal, the appellant has filed an application under Order 41 Rule 27 of the Code of Civil Procedure, so as to produce on record House Tax Bills and Receipts (Annexures A-1 to A- 5) as well as affidavit dated 11.1.2007 (Annexure A-6), executed by Mohinder Paul in respect of the property in dispute. Such documents are sought to be produced in evidence to show that the possession of the appellant is not that of a unauthorized occupant, but the appellant is in possession as owner.