SURJIT SINGH Vs. KARMA

JUDGEMENT

(1.) Briefly stated, facts of the case are that plaintiffs Sh. Surjit Singh and Amrik Singh both sons of Sh. Bhagwan Singh, residents of village Nadali, Tehsil Bholath, District Kapurthala had brought a suit against Karma, Nand, Pheero, Mohinder, Faqir, Sammi, Boota and Sheru, residents of their village seeking grant of permanent injunction restraining the defendants or persons claiming under them from forcibly and illegally interfering in their possession over the suit land or dispossessing them therefrom.

(2.) As per the case of the plaintiffs, they are in peaceful, continuous, legal and uninterrupted possession over the suit land detailed in Part A of the head note of the plaint, whereas land detailed in Part B of the head note was previously owned by various persons, who had surrendered their possession in favour of the plaintiffs vide separate written agreements and since the date of the agreements, the plaintiffs are in actual and physical possession over the land detailed in Part B of the head-note of the plaint; although the khasra numbers have not been mentioned in the agreements inadvertently but sides of each and every khasra number have been duly depicted in the agreements. According to the plaintiffs, they have sown wheat crop and fodder crop in the suit land; that the defendants have no concern with such land but they threatened to interfere in the possession of the plaintiffs illegally and forcibly, giving rise to a cause of action to the plaintiffs to file the suit.

(3.) On notice, the defendants had appeared and filed written statement contesting the suit raising preliminary objections that the suit was not maintainable in the present form; that the plaintiffs had got no cause of action to file the present suit and they had not approached the court with clean hands; that the entries showing the possession of the plaintiffs were illegal, null and void; that the plaintiffs were estopped by their act and conduct from filing the present suit, and the suit was bad for non-joinder of Gram Panchayat of the village as necessary party. It was further pleaded that the suit land was 'Gair Mumkin Pits' meant for securing manure and owned and possessed by the members of the Balmiki Community of the village including the defendants; that the Gram Panchayat of the village had allotted those to the members of the Balmiki Community, including the defendants; that the plaintiffs have no connection with it and they were not in its possession as alleged; that as per the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, a non-Scheduled Caste person cannot come in possession of the land belonging to a Scheduled Caste person; that the plaintiffs belong to Jatt community, whereas the defendants are Balmikies by caste. Refuting the remaining allegations, the defendants prayed" for dismissal of the suit.