GRAM PANCHAYAT Vs. RAM NARAYAN

JUDGEMENT

(1.) Briefly stated, facts of the case are that plaintiff Sultan and 15 others, total 16 in number, had filed a suit against Gram Panchayat, Fajalwas, Tehsil and District Gurgaon (now Gurugram) seeking a declaration that plaintiffs No. 1 to 9 are owners in possession to the extent of 1/2 share, whereas plaintiffs No. 10 to 16 are owners in possession to the extent of 1/2 share in the agricultural land measuring 12 kanals 4 marlas situated at village Fajalwas, Tehsil and District Gurugram, on the averments that entries in column of ownership in the name of defendant are wrong and liable to be rectified in the names of the plaintiffs; that as a matter of fact the defendant has no right, title or interest in the suit property; further the competent authority as per Punjab Village Common Land (Regulation) Act 1961 had already declared that the land in question is not shamlat-deh and does not vest in the defendant; that it was so done vide orders dtd. 25/6/1996 and 2/2/1993.

(2.) On notice the defendant appeared and filed a written statement raising various legal objections challenging the locus standi of the plaintiffs to bring the suit further contending that no cause of action arose to them to do so and the suit so filed was liable to be dismissed under Order 7, Rule 11 CPC; that the Civil Court lacks jurisdiction to entertain and try the suit; that the suit was not maintainable; that another suit titled as 'Ishwar Singh etc v. Gram Panchayat, Fajalwas' was pending in the Court of Collector, Gurgaon regarding the same cause of action between the same parties; that the plaintiffs had not approached the Court with clean hands. On merits, the defendant denied the material assertions in the plaint while praying for dismissal of the suit.

(3.) The plaintiffs had filed replication controverting the allegations in the written statement whereas reiterating the averments in the plaint.