GURDEV SINGH Vs. GRAM PANCHAYAT, MARWA

JUDGEMENT

(1.) UNSUCCESSFUL plaintiffs S/Shri Gurdev Singh and seven others, have filed a suit against the Gram Sabha/Gram Panchayat Marwa, Rounki Ram and Mohinder Singh, defendants No. 1 to 3, for declaration to the effect that they are the owners and in possession of the abadi land mentioned at letters A and B of the Head Note of the plaint with a prayer to grant relief of permanent injunction restraining the defendants from interfering into the peaceful possession of the plaintiffs over the suit land.

(2.) THE case set up by the plaintiffs in the trial Court was that they are the co-owners and in joint possession of the suit property, i.e., residential house shown in red colour in the site plan attached with the plaint, whereas, they purchased the suit property bearing Khasra Number 59//42 (0-11) from defendant No. 3, Shri Mohinder Singh through un-registered sale-deed dated 11.7.1972 but in the revenue record, still exists the name of defendant No. 3. Those entries are liable to be corrected. The plaintiffs further alleged that the trees are standing on the suit land which is in their exclusive possession and defendants have no right, title or interest over the property and they are unnecessarily interfering in their possession. Defendants Nos. 1 and 2 had threatened the plaintiffs to dispossess them from the suit land. Earlier also, the defendants threatened the plaintiffs to dispossess them and as a result of that plaintiffs had to file a suit for injunction. However, that suit was withdrawn on the verbal promise given by the defendants, yet another suit was filed by plaintiff No. 2 when defendant No. 1 again tried to dispossess him. Now the defendants No. 1 and 2 had collected the material near the suit property with the help of local police and are threatening to construct pucca street/drain by the side of the suit property without any right whatsoever. If the defendants succeeded in their mission the plaintiffs will suffer irreparable loss and injury which cannot be compensated in terms of money.

(3.) THE plaintiffs filed rejoinder to the written statement of defendant No. 1, in which they have controverted the stand taken by the defendant No. 1 and have reiterated their own case. From the pleadings of the parties the trial court framed the following issues :- 1. Whether the plaintiffs are entitled to the injunction prayed for ? OPP 2. Whether this Court has no jurisdiction to try the suit ? OPP 3. Relief. The parties led oral as well as documentary evidence in support of their case. Both the issues were decided in favour of the plaintiffs and finally the suit of the plaintiffs was decreed.