DHANPAT RAI Vs. GRAM PANCHAYAT

JUDGEMENT

(1.) Dhanpat Rai filed a suit for declaration against Gram Panchayat of Village Lakhno, Tehsil Anandpur Sahib, District Rupnagar through its Sarpanch to the effect that plaintiff is exclusive owner of the land measuring 2 Kanals 15 Marias bearing Khasra No. 59-R and joint owner to the extent of 1/2 share of land measuring 2 marlas bearing Khasra No. 58-R which have been detailed in the heading of the plaint and shown with letter BCDEFGAB, in the site plan attached. Further prayer made by the plaintiff was for the issuance of permanent injunction restraining the defendants from interfering in his ownership and possession over the suit land and has also prayed for the possession of two and half marlas of the land bounded within the letters ABCD forming part of this land after the removal of all the materials and other construction placed therein by the defendants. The case set up by the plaintiff is that he was the owner of this land. He even applied to the revenue authorities for giving demarcation. Demarcation was given on 8.7.1982. The possession of the plaintiff is being threatened by the defendant Gram Panchayat and some of the areas which was allegedly encroached by the Gram Panchayat be also restored to him.

(2.) Notice of the suit was given to the defendant who filed reply and denied the allegations. According to the stand of the defendant they were carrying on development works in the village and the streets are being paved. The plaintiff does not want that the development work be carried out in the village, by the Gram Panchayat. Gram Panchayat never received any order from the B.D.O. for stopping this development work. The plaintiff is neither the owner nor in possession of the suit property. On the other hand the development work is being done strictly according to the demarcation given by the Patwari. The plaintiff want to encroach upon the land of the street under the garb of the present suit. The defence is that the village street is Shamlat Deh and in these circumstances the civil Courts has no jurisdiction to entertain the suit. Plaintiff filed re-joinder to the written statement filed by the defendant in which he reiterated his allegations made in the plaint by denying those of the written statement.

(3.) From the pleadings of the parties, the learned trial Court framed the following issues:-