MUNSHI RAM Vs. GRAM SABHA SALOH

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 24th October, 1969 passed by the Additional District Judge, Una by which the appeal of the present appellant (plaintiff) was dismissed and the judgment and decree passed by sub -Judge, Una on 31st July, 1967 dismissing the -appellants suit was confirmed.

(2.) The brief facts of the case are that the appellant (plaintiff) filed a suit for declaration to the effect that the appellant is the owner of the land entered in Khata No. 193, khatauni No. 974 and khasra No. 2895 measuring 110 kanals of jamabandi 1961 -62 mauza Saloh, Tehsil Una, and that the above land does not vest in the Gram Sabha, Saloh. The plaintiff in para 3 of the plaint has alleged that he is in possession of the disputed land prior to the year 1950 as a co -sharer and has been cultivating the same. It is further alleged that he had been planting trees in this land and taking their usufruct during all this period and on these allegations it was alleged that the suit land, although entered as shamilat deh in the revenue records, does not vest in the Gram Sabha,

(3.) This suit was contested by the defendant Gram Sabha, Saloh and in the written statement it was alleged that the suit land is Banjar Qadim and that the growth of the trees and grass on the suit land is of a sponta neous nature. It was further alleged that the land is Shamilat Deh and its ownership vests in the panchayat and that the plaintiff has no concern viz. its ownership. It was also alleged that the civil court has no jurisdiction to try this suit.