DALIP SINGH Vs. GRAM PANCHAYAT, VILLAGE BHARTANA

JUDGEMENT

(1.) THIS appeal, is directed, against the judgement and decree, dated 21.10.2004, rendered by the Court of Additional Civil Judge (Senior Division), Safidon, Jind, vide which, it dismissed, the suit of the plaintiff/appellant, for permanent injunction, and the judgement and decree dated 24.05.2006, rendered by the Court of District Judge, Jind, vide which, it dismissed the appeal.

(2.) THE plaintiff, claimed that he was biswedar of the village. Prior to consolidation, the suit land, and other land, was held and owned by Jumla Malkaan of the village. It was stated that, after consolidation, he was in actual physical possession of the suit land, in his capacity, as one of the Jumla Malkaans. It was further stated that the suit land, neither vested in the Gram Panchayat, nor it could vest in it. It was further stated that entries, in the jamabandis, in the name of Gram Panchayat, as its owner, were illegal, and unenforceable. It was further stated that there were numerous trees, on the suit land, which had been planted, and grown, by the plaintiff. It was further stated that the defendant/Gram Panchayat, by making misuse of the entries, in the revenue record, threatened to dispose of the trees, by public auction, which was fixed for 09.04.1999. The defendant/respondent, was many a time, asked not to do so, but to no avail. On its final refusal to desist from its nefarious designs, left with no other alternative, a suit for permanent injunction, was filed by the plaintiff/appellant.

(3.) ON the pleadings of the parties, the following issues were struck :- i) Whether the plaintiff is owner in possession of suit property being Biswedar of village of suit property, as alleged in the plaint ? OPP ii) Whether the suit of the plaintiff is not maintainable in the present form ? OPD iii) Whether the Civil Court has no jurisdiction to try and decide the present suit ? OPD iv) Whether the suit is bad for want of notice under the provision of Haryana Panchayati Raj Act ? OPD v) Whether the plaintiff is estopped from filing the present suit by his own act and conduct ? OPD vi) Whether the plaintiff has no locus standi to file the present suit ? OPD vii) Relief.